REHMAN v Minister for Immigration

[2013] FCCA 2362

FEDERAL CIRCUIT COURT OF AUSTRALIA

REHMAN & ANOR v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2362

Catchwords:
MIGRATION – Application for review of decision of the Migration Review Tribunal – no appearance by the applicant – application dismissed for non-appearance.

Legislation:

Migration Act 1958 (Cth), s.476.

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

First Applicant: FAISAL REHMAN

Second Applicant QUTUR UL AIN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 2773 of 2013

Judgment of: Judge Nicholls

Hearing date: 11 December 2013

Date of Last Submission: 11 December 2013

Delivered at: Sydney

Delivered on: 11 December 2013

REPRESENTATION

Applicant No appearance

Appearing for the Respondents Ms S Sangha

Solicitors for the Respondents: Sparke Helmore

ORDERS

1. The application made on 11 November 2013 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 set in the amount of $1,331.00.

3. Within 7 days of the date of these orders, the first respondent’s solicitors write to the applicant by letter, directed to the address for service and sent by registered post, notifying the applicant of these orders, and of Rule 16.05 of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2773 of 2013

FAISAL REHMAN

First Applicant

QUTUR UL AIN

Second Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

1. I have before me an application made on 11 November 2013, pursuant to s.476 of the Migration Act 1958 (Cth) (“the Act”) seeking review of the decision of the Migration Review Tribunal, made on 8 October 2013, which affirmed the decision of the respondent Minister’s delegate, to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa.

2. Today is the first Court date for this matter. This matter was set down for 9.30am on 11 December 2013 (as indicated on the face of the application to the Court). When the matter was last called at 11.05am there was no appearance by the applicant. The Minister’s representative has made an application that this matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

3. I take into account the respondent’s Exhibit 1, a letter dated 15 November 2013, from the respondents’ solicitors, addressed to the applicant, stating the correct time, date and location of the first Court event in this matter, 11 December 2013 at 9.30am. I also take into account what appears to have been put on the face of the application by the Court’s Registry, stating the time, date and location of the Court event today. I am satisfied that the applicant has been given reasonable notice of the time, date and location of the Court event today.

4. There has been no communication by the applicant to the Court, or the Court’s Registry, that he is seeking an adjournment or otherwise notifying the Court of any difficulty in attending the Court today.

5. It is appropriate, in the circumstances, that the matter be dismissed for non-appearance pursuant to r.13.03C(1)(c) of the Rules. I will make an order accordingly.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date: 31 January 2014