Pannu v Minister for Immigration
[2013] FCCA 642
•20 June 2013 (ex temp)
FEDERAL CIRCUIT COURT OF AUSTRALIA
| PANNU v MINISTER FOR IMMIGRATION & ANOR | [2013] FCCA 642 |
| Catchwords: MIGRATION – Judicial review of decision of Migration Review Tribunal – applicant fails to attend – application dismissed – no matter of principle. |
| Legislation: Federal Magistrates Court Rule1999 (Cth) r.13.03C(1)(c) |
| Applicant: | KARAN SINGH PANNU |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | ADG 179 of 2012 |
| Judgment of: | Judge Simpson |
| Hearing date: | 20 June 2013 |
| Date of Last Submission: | 20 June 2013 |
| Delivered at: | Adelaide |
| Delivered on: | 20 June 2013 (ex temp) |
REPRESENTATION
| The Applicant: | No appearance |
| Counsel for the Respondents: | Mr d'Assumpcao of Counsel |
| Solicitors for the Respondents: | Australian Government Solicitors |
ORDERS
Pursuant to Federal Magistrates Court Rule 13.03C(1)(c) the application filed on 22 August 2012 is dismissed.
The applicant do pay forthwith the first respondent’s costs fixed in the sum of SIX THOUSDAND, FOUR HUNDRED AND SEVENTY ONE DOLLARS ($6,471.00).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT ADELAIDE |
ADG 179 of 2012
| KARAN SINGH PANNU |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
I have before me an application for judicial review that was filed on 22 August 2012. The applicant’s name has been called a few times and he does not appear. He has, however, sent some correspondence to the court and I believe has provided that correspondence to the respondent. The first of the correspondence that I mention is an email from the applicant to the registry. The correspondence contains abbreviations I am not going to try and read the abbreviation. I will dictate the words that are written. He says:
“Hi, this is Karan Singh Pannu. My file number is ADG179/2012. I’m not pleased to inform you my 90-year old grandmother is in a very serious condition. I just got informed last night from my neighbours. There is no one there to look after her because my parents died two years ago in a car accident so I’m the only person who can look after. I just want to inform you I’m travelling with – in a few days. I have hearing on 20 June. I wouldn’t be able to attend this hearing and I’m so much under depression at the moment. Please, I just requesting you just give me some more time so I can mentally prepared with my hearing again. I’m trying to come back seven week of February. It would be great. Thank you for magistrate of Federal Court if they give me some more time. Thanks”
I propose to dismiss the proceedings pursuant to the Federal Circuit Court Rule 13.03C(1)(c).
I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Simpson
Associate:
Date: 26 June 2013
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