Kumar v Minister for Immigration & Border Protection

[2014] FCCA 315

FEDERAL CIRCUIT COURT OF AUSTRALIA

KUMAR v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 315

Catchwords:
MIGRATION – Migration Review Tribunal.

PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Federal Circuit Rules 2001 (Cth) r.13.03C

Applicant: RAJENDER KUMAR

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent MIGRATION REVIEW TRIBUNAL

File Number: SYG 2296 of 2013

Judgment of: Judge Emmett

Hearing date: 24 February 2014

Date of Last Submission: 24 February 2014

Delivered at: Sydney

Delivered on: 24 February 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondents: Ms Ada Wong (DLA Piper)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2296 of 2013

RAJENDER KUMAR

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

Respondent

MIGRATION REVIEW TRIBUNAL

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 27 September 2013, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) (“the Rules”) by reason of the failure of the applicant to attend today’s first court date.

2. In support, the first respondent tendered a letter dated 11 October 2013 addressed to the applicant at the applicant’s address for service in Australia. That letter is marked exhibit 1R. Exhibit 1R informs the applicant of the date and time of today’s first court date, and further informs the applicant that if he does not attend the matter may be dismissed with costs for non-appearance.

3. The application was filed on 27 September 2013, and appears to be signed by the applicant. The application clearly states the location and address of the courtroom, the date and time, being today’s date at 12pm.

4. It is now 12.45pm. The matter has been called outside on several occasions, the last being at 12.40pm. There has been no appearance by the applicant, and there has been no communication received from the applicant, either by this Court or by the first respondent.

5. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing and, for whatever reason, has chosen not to attend. In these circumstances, the orders sought by the first respondent are appropriate and the, application, filed on 27 September 2013, should be dismissed with costs.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Emmett.

Associate:

Date:   17 March 2014