Nadeem v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCCA 1453

FEDERAL CIRCUIT COURT OF AUSTRALIA

Nadeem v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1453

File number:

SYG 777 of 2018

Judgment of:

JUDGE STREET

Date of judgment:

7 June 2021

Catchwords:

MIGRATION – Administrative Appeals Tribunal – application for a Student (Temporary) (Subclass 500) visa – where applicant had previously failed to appear – application dismissed for non-appearance.

Legislation:

Migration Act 1958 (Cth), s 476

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

Number of paragraphs:

6

Date of hearing:

4 May 2021

Place:

Sydney

Applicant:

No appearance

Solicitor for the First Respondent:

Ms S Wright, Mills Oakley

ORDERS

SYG 777 of 2018

BETWEEN:

HASNAIN NADEEM

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	7 JUNE 2021

THE COURT ORDERS THAT:

1.The application in a case filed on 10 May 2021 is dismissed pursuant to r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

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

REASONS FOR JUDGMENT

JUDGE STREET:

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s 476 of the Migration Act 1958 (Cth), in respect of the decision of the Administrative Appeals Tribunal made on 2 March 2018, affirming the decision of a delegate of the first respondent not to grant the applicant a Student (Temporary) (Subclass 500) visa.

2. These proceedings were commenced on 20 March 2018. As a result of orders made on 3 March 2021, the matter was listed for a show cause hearing on 5 May 2021. The applicant did not appear on that date and the proceedings were dismissed under r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

3. On 10 May 2021, the applicant filed an application in a case seeking to have the proceedings reinstated. The matter was listed today for hearing of that interlocutory application and the applicant has failed to appear. 

4. The Court has endeavoured twice, unsuccessfully, to contact the applicant from the applicant’s identified mobile telephone number. The first respondent moved to have the proceedings, dismissed under r 13.03C(1)(c) of Rules. 

5. The Court is satisfied that the applicant was aware of today’s hearing date. The Court is satisfied that this is an appropriate matter in which to exercise the Court’s powers under r 13.03C(1)(c) of the Rules. 

6. Accordingly, the application is dismissed under r 13.03C(1)(c) of the Rules.

I certify that the preceding six (6) numbered paragraphs are a true copy of the transcript of the published oral reasons for judgment of Judge Street delivered in open Court on 7 June 2021 and the parties were sent a sealed copy of the Court’s orders.

Associate:

Dated:       19 July 2021