Mehdi v Minister for Immigration

[2014] FCCA 3201

FEDERAL CIRCUIT COURT OF AUSTRALIA

MEHDI v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 3201

Catchwords:
MIGRATION – Application for review of the decision of the Migration Review Tribunal – no appearance by the applicant – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

Federal Circuit Court Rules 2001 (Cth), r. 13.03C

Applicant: ABBAS KASSEM MEHDI

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1608 of 2014

Judgment of: Judge Nicholls

Hearing date: 6 August 2014

Date of Last Submission: 6 August 2014

Delivered at: Sydney

Delivered on: 6 August 2014

REPRESENTATION

Applicant: No appearance

Solicitors for the Respondents: Ms F Taah of Australian Government Solicitor

ORDERS

1. The application made on 13 June 2014 is dismissed for non-appearance pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant pay the first respondent’s costs set in the amount of $500.00

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1608 of 2014

ABBAS KASSEM MEHDI

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex tempore; Revised from Transcript)

1. I have before me today an application made pursuant to s.476 of the Migration Act 1958 (Cth) and filed in this Court on 13 June 2014. The application seeks review of the decision of the Migration Review Tribunal made on 1 May 2014 which affirmed the decision of the Minister’s delegate not to grant the applicant a Medical Treatment (Visitor) (Class UB) visa.

2. When the application was filed in the Court’s Registry on 13 June 2014, the Registry noted on the face of the application that the matter was set down for a first Court date at 9.30 am, 6 August 2014 before me in this Court.

3. I note respondent’s exhibit one (“RE1”), which is a letter dated 20 June 2014 from the Minister’s solicitors sent to the applicant at the address for service, notifying the applicant of the first Court date today.

4. When the matter was called today there was no appearance by, or for, the applicant.  I note now that it is one and a half hours past the scheduled hearing time.  There has been no request for an adjournment of this matter before the Court.  The applicant’s failure to appear remains unexplained. 

5. The Minister has applied, in these circumstances, for the application to be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

6. In all the circumstances, I agree that the application should be dismissed for want of appearance. I will make the order accordingly.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Date: 2 March 2016