RAM v Minister for Immigration

[2013] FCCA 1979

FEDERAL CIRCUIT COURT OF AUSTRALIA

RAM v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1979

Catchwords:
MIGRATION – Application for order for review in relation to decision of Migration Review Tribunal that it did not have jurisdiction to determine application because it was filed without the time prescribed by the Migration Act – (s.347(1)(b)(i) – applicant fails to attend hearing on date fixed by Registry – application dismissed pursuant to power in Rules of Court (13.03C(1)(c).

Legislation:  

Rules of Court 2012 r.1303C(1)

Applicant: DALBARA RAM

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 93 of 2013

Judgment of: Judge Lindsay

Hearing date: 14 October 2013

Date of Last Submission: 14 October 2013

Delivered at: Adelaide

Delivered on: 14 October 2013

REPRESENTATION

Counsel for the Applicant: No appearance

Solicitors for the Applicant: Not applicable

Counsel for the First Respondent: Mr Alderton

Solicitors for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: No appearance

Solicitors for the Second Respondent: Not applicable

ORDERS

1. The name of the first respondent be altered so as to read “The Minister for Immigration and Border Protection”;

2. The application filed on 15 April 2013 be dismissed pursuant to Rule 13.03C(1)(c) of the Rules of Court.

3. The applicant do pay the first respondent’s costs of and incidental to these proceedings fixed in the sum of FIVE THOUSAND FOUR HUNDRED DOLLARS ($5400.00).

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADG 93 of 2013

DALBARA RAM

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

And

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. The applicant having been called and not being in attendance and noting his failure to comply with the orders of the Registrar in relation to the filing of material prior to today’s hearing, I will make an order bringing these proceedings to an end.

2. The orders of the Court are:

   a)The name of the first respondent be altered so as to read “The Minister for Immigration and Border Protection”;

   b)The application filed on 15 April 2013 be dismissed pursuant to Rule 13.03C(1)(c) of the Rules of Court.

   c)The applicant do pay the first respondent’s costs of and incidental to these proceedings fixed in the sum of FIVE THOUSAND FOUR HUNDRED DOLLARS ($5400.00).

3. I order accordingly.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Lindsay

Associate: 

Date:  26 November 2013