Pannu v Minister for Immigration

[2013] FCCA 1066

FEDERAL CIRCUIT COURT OF AUSTRALIA

PANNU v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1066

Catchwords:
MIGRATION – Application in a Case filed – no orders sought – supporting affidavit indicates applicant wants dismissed application re-considered – application refused.

Legislation:  
Migration Act 1958 (Cth)

Federal Circuit Court Rule 2001 (Cth), r.13.03C(1)(c)

Pannu v Minister for Immigration & Anor [2013] FCCA 642

Applicant: KARAN SINGH PANNU

First Respondent: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 179 of 2012

Judgment of: Judge Simpson

Hearing date: 12 July 2013

Date of Last Submission: 12 July 2013

Delivered at: Adelaide

Delivered on: 12 July 2013 (ex-temp)

REPRESENTATION

The Applicant: In person

Counsel for the Respondents: Mr d'Assumpcao

Solicitors for the Respondents: Australian Government Solicitors

ORDERS

1. The Application in a Case filed on 27 June 2013 is dismissed.

2. The applicant do pay the respondent’s costs fixed in the amount of FOUR HUNDRED DOLLARS ($400).

3. The respondent’s name is amended to read the Minister for Immigration and Multicultural Affairs and Citizenship.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADG 179 of 2012

KARAN SINGH PANNU

Applicant

And

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS & CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Settled ex-tempore reasons)

1. I have before me an Application in a Case that does not properly identify any orders that the applicant is seeking.  The Application in a Case is supported by an affidavit sworn on 27 June 2013.  In that affidavit the applicant says:

   “I got decision by Judge on 20/06/2013 in which is he refused my application because I was absent there but I sent a email to Judge to I wouldn’t be available there becoz of my grandmother illness.  I wanted (illegible) to overseas but I couldn’t after my hearing which is made me more stressful.  Now I requesting Federal Circuit Court of Australia to reopen my case.  Have a look again.”

2. On a previous occasion the applicant had failed to appear.  I gave some brief reasons on that occasion.  They are to be found in the case of Pannu v Minister for Immigration & Anor [2013] FCCA 642. I gave reasons as to why the application was to be dismissed. The applicant has filed this fresh application.

3. The applicant has not convinced me that it is appropriate for me to set aside the earlier orders to allow him to reargue the matter. The applicant’s story is not a story that has a lot of credibility. The applicant keeps saying that his grandmother is very old and puts that forward as some sort of reason for his failure to attend, but it is no reason at all. 

4. I am going to simply dismiss this latest application in a case for the reasons that I have just given.

5. The applicant seeks the costs that are incurred as a result of this application fixed in the sum of $400.

6. I consider that an appropriate amount for the time and expense that the respondent has been put to to respond to the application.

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

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Simpson

Associate: 

Date:  28 August 2013