Sabuj v Minister for Immigration

[2014] FCCA 381

FEDERAL CIRCUIT COURT OF AUSTRALIA

SABUJ v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 381

Catchwords:
MIGRATION – No appearance.

Applicant: ARIF AHAMMAD SABUJ

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 3125 of 2012

Judgment of: Judge Raphael

Hearing date: 26 February 2014

Date of Last Submission: 26 February 2014

Delivered at: Sydney

Delivered on: 26 February 2014

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondent: Mr B. O’Donnell

Solicitors for the Respondent: Sparke Helmore

ORDERS

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

2. Applicant to pay the Respondents’ costs assessed in the sum of $6,000.00.

3. The name of the First Respondent be amended to ‘Minister for Immigration and Border Protection’.

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYG 3125 of 2012

ARIF AHAMMAD SABUJ

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, the applicant sought review of a decision of the Migration Review Tribunal by way of application dated 27 December 2012.  He attended a directions hearing in this Court before me on 11 July 2013, when the matter was set down for hearing today.  However, he was not present in court at 10.15am, nor was he present when his name was called outside the court at 10.25am.  There is a reason for this.  The respondent has discovered through the movement records of the Department that Mr Sabuj left the country on 18 January 2014, and there is before me an affidavit of Liam Dennis, affirmed on 18 February 2014, exhibiting a copy of the movement record. 

2. As the applicant was only in the country on a bridging visa he will not be permitted to return without a substantive visa, and in those circumstances the appropriate action to take is to dismiss the matter for non-appearance pursuant to Part 13, Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). The applicant is ordered to pay the respondents’ costs, assessed in the sum of $6,000.00.

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

Associate: 

Date:  3 March 2014