Manage v Minister for Immigration and Border Protection

[2015] FCA 161

FEDERAL COURT OF AUSTRALIA

Manage v Minister for Immigration and Border Protection [2015] FCA 161

Citation:	Manage v Minister for Immigration and Border Protection [2015] FCA 161
Appeal from:	Application for leave to appeal: Manage v Minister for Immigration & Anor [2014] FCCA 2759
Parties:	CHAMINDA DINESH MARAKKALA MANAGE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number:	VID 636 of 2014
Judge:	PAGONE J
Date of judgment:	23 February 2015
Catchwords:	MIGRATION – Application for leave to appeal decision of Federal Circuit Court dismissing application for judicial review – where Tribunal upheld refusal to grant Skilled (Provisional) (Class VC) visa – no appearance by applicant.
Legislation:	Federal Court Rules 2011 (Cth) r 36.75
Date of hearing:	23 February 2015
Date of publication :	3 March 2015
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	2
Counsel for the Applicant:	The applicant did not appear
Counsel for the Respondents:	Ms N Bosnjak of Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 636 of 2014

BETWEEN:

CHAMINDA DINESH MARAKKALA MANAGE
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	PAGONE J
DATE OF ORDER:	23 FEBRUARY 2015
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 636 of 2014

BETWEEN:

CHAMINDA DINESH MARAKKALA MANAGE
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	PAGONE J
DATE:	23 FEBRUARY 2015
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

(Revised from Transcript)

1. This is an application in which the applicant seeks leave to appeal from a decision of the Federal Circuit Court of Australia made on 15 October 2014, in which Judge Riethmuller dismissed an application for judicial review of a decision of the Migration Review Tribunal. The Tribunal, on 12 February 2014, had upheld a decision of a delegate of the Minister not to grant the applicant a Skilled (Provisional) (Class VC) subclass 485 visa. The appeal was set to be heard today and has been called but the appellant has made no appearance. Rule 36.75 of the Federal Court Rules 2011 (Cth) permits the Court to dismiss the proceeding if a party is absent when the appeal is called on for hearing. The matter has been called on for hearing, as I have said, and the applicant is absent. The respondent has applied to have the proceeding dismissed on the basis that the applicant was not present.

2. In those circumstances, it is appropriate for me to make an order dismissing the proceeding.  I am comforted in doing so having had the benefit of reading the submissions that have been filed by the respondent and having read the materials in the appeal book, which give me confidence that the proceeding is appropriate to be dismissed on the merits in any event.  The orders will be to dismiss the proceeding with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Pagone.

Associate:

Dated:        23 February 2015