PALAMAKULA v Minister for Immigration

[2013] FCCA 623

FEDERAL CIRCUIT COURT OF AUSTRALIA

PALAMAKULA v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 623

Catchwords:
MIGRATION – No appearance.

Applicant: PREETHAM KUMAR PALAMAKULA

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1052 of 2013

Judgment of: Judge Raphael

Hearing date: 18 June 2013

Date of Last Submission: 18 June 2013

Delivered at: Sydney

Delivered on: 18 June 2013

REPRESENTATION

For the Applicant: No appearance

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

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

2. The applicant pay the first respondent’s costs fixed in the sum of $1,331.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1052 of 2013

PREETHAM KUMAR PALAMAKULA

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant commenced proceedings for a review of a decision of the Migration Review Tribunal by an application dated 16 May 2013.  The application itself provides a first court date of today, Tuesday, 18 June 2013 at 9.30 am.  And the address of the court at John Maddison Tower, 88 Goulburn Street, Sydney, is placed on the document, so there can be no doubt that the applicant was aware of the hearing today.

2. I am advised by Ms Warner Knight, who appears on behalf of the Minister, that she has written to the applicant reminding him of the hearing. But he was not in attendance at 9.30 am, and was not in attendance at 10.07 am when his name was called outside the court. In those circumstances, and in particular having regard to what I consider to be the lack of merit in the claim, I propose to dismiss it pursuant to Part 13 Rule 13.03(1)(c) of the Federal Circuit Court Rules 2001 (Cth) and order that the applicant pay the first respondent’s costs assessed in the sum of $1,331.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Raphael

Date:  24 June 2013