NUKAVARAPU v Minister for Immigration

[2014] FCCA 2192

FEDERAL CIRCUIT COURT OF AUSTRALIA

NUKAVARAPU v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 2192

Catchwords:
MIGRATION – Judicial review of decision of Migration Review Tribunal – applicant fails to attend – application dismissed pursuant to Federal Circuit Court Rule 13.03C.

Legislation:

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

Migration Act 1958 (Cth)

Applicant: KISHORE NUKAVARAPU

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 121 of 2014

Judgment of: Judge Simpson

Hearing date: 3 September 2014

Date of Last Submission: 3 September 2014

Delivered at: Adelaide

Delivered on: 3 September 2014

REPRESENTATION

The Applicant: No appearance

Counsel for the Respondents: Mr P d'Assumpcao

Solicitors for the Respondents: Australian Government Solicitors

ORDERS

1. The application is dismissed pursuant to r.13.03C of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant do pay the first respondent’s costs fixed in the amount of SIX THOUSAND, SIX HUNDRED AND FORTY SIX DOLLARS ($6,646).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADG 121 of 2014

KISHORE NUKAVARAPU

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(settled ex-tempore reasons)

1. I have before me an application for judicial review.  The applicant’s name has been called three times and they have not appeared.  Counsel for the second respondent has provided the Court with a copy of a letter that was sent to the applicant on 26 August 2014, in paragraph 2 of which says:

   “This matter is listed for a final hearing on Wednesday, 3 September 2014 at 10 am.  You are expected to attend this hearing.  If you fail to attend, we may apply to have the matter dismissed in your absence.”

2. The letter was sent to the applicant at the address shown on his application, namely, Unit 3, 23 Davenport Terrace, Wayville. 

3. The application also has a telephone number, 0403 583 477.  My associate has attempted to contact the applicant on that number but the phone call has gone through to MessageBank.  I will have my associate make another phone call. 

4. It is now about nine minutes past ten and the applicant has been rung a second time and it again has gone through to MessageBank. 

5. In the circumstances, I propose to dismiss the application pursuant to Federal Circuit Court Rule 13.03C.

6. I make the orders to be found at the beginning of these reasons.

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

Associate: 

Date: 23 September 2014