Kumar v Minister for Immigration and Border Protection

[2015] FCA 796

FEDERAL COURT OF AUSTRALIA

Kumar v Minister for Immigration and Border Protection [2015] FCA 796

Citation:	Kumar v Minister for Immigration and Border Protection [2015] FCA 796
Appeal from:	Application for leave to appeal: Kumar v Minister for Immigration & Anor [2015] FCCA 925
Parties:	SONI KUMAR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number:	SAD 45 of 2015
Judge:	BESANKO J
Date of judgment:	4 August 2015
Legislation:	Federal Circuit Court Rules 2001 (Cth) r 13.03C Federal Court Rules 2011 (Cth) r 35.33
Date of hearing:	4 August 2015
Place:	Adelaide
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Applicant:	The Applicant did not appear
Counsel for the First Respondent:	Mr P d’Assumpcao
Solicitor for the First Respondent:	Australian Government Solicitor
Counsel for the Second Respondent:	The second respondent entered a submitting notice, save as to costs

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 45 of 2015

BETWEEN:

SONI KUMAR
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	4 AUGUST 2015
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The name of the first respondent be amended to read “Minister for Immigration and Border Protection”.

2.The name of the second respondent be amended to read “Administrative Appeals Tribunal”.

3.The application for leave to appeal be dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

4.The applicant pay the costs of the first respondent fixed in the sum of $1,756.00.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 45 of 2015

BETWEEN:

SONI KUMAR
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	BESANKO J
DATE:	4 AUGUST 2015
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from an order made by the Federal Circuit Court of Australia on 27 February 2015. On that day, the Federal Circuit Court made an order that the applicant’s application filed on 3 July 2014 be dismissed pursuant to r 13.03C of the Federal Circuit Court Rules 2001 (Cth). That rule provides that if a party to a proceeding is absent the Court may, among other things, if the absent party is an applicant, dismiss the application. The applicant did not appear at the hearing before the Federal Circuit Court. The Federal Circuit Court judge noted that the applicant appeared at the first return date and on that occasion he had the assistance of an interpreter in the Punjabi language. The judge noted he appeared before Registrar Bochner and the Registrar fixed the matter for hearing on the date the Registrar nominated. That was the date the application came on for hearing before the judge.

2. The Federal Circuit Court judge in his reasons also noted the history of the application before the Migration Review Tribunal and when the matter was under the consideration of the Department (Kumar v Minister for Immigration & Anor [2015] FCCA 925 at [14] to [28]).

3. The applicant does not appear this afternoon. There is a letter on the court file which indicates that on or about 24 June 2015, the applicant as well as the respondent was given notice that his application was listed for hearing today at 2:15 pm. The applicant has made no attempt to contact the Registry, my chambers or the first respondent. The first respondent applies for an order pursuant to r 35.33(1)(a)(i) that the application for leave to appeal be dismissed. I think it is appropriate to make such an order.

4. The orders of the Court are as follows:

   (1)The name of the first respondent be amended to read “Minister for Immigration and Border Protection”.

   (2)The name of the second respondent be amended to read “Administrative Appeals Tribunal”.

   (3)The application for leave to appeal be dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

   (4)The applicant pay the costs of the first respondent fixed in the sum of $1,756.00.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Besanko.

Associate:        

Dated:        6 August 2015