SHARMA v Minister for Immigration

[2015] FCCA 3141

FEDERAL CIRCUIT COURT OF AUSTRALIA

SHARMA v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 3141

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migrants and Refugees Division) – Partner (Temporary) (Class UK) visa – no appearance by the applicant – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Migration Act 1958 (Cth), s.476

Federal Circuit Court Rules 2001 r.13.03C(1)(c)

Applicant: DEEPAK SHARMA

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1569 of 2015

Judgment of: Judge Street

Hearing date: 25 November 2015

Date of Last Submission: 25 November 2015

Delivered at: Sydney

Delivered on: 25 November 2015

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the Respondents: Mr A Keevers
Sparke Helmore

ORDERS

1. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The Applicant pay the costs of the First Respondent fixed in the amount of $5800.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1569 of 2015

DEEPAK SHARMA

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in respect of a decision of the Tribunal made on 13 May 2015, affirming a decision of the delegate not to grant the applicant a Partner (Temporary) (Class UK) visa.

2. The matter was a subject of orders made by a Registrar of this Court on 23 July 2015 fixing the matter for hearing today and providing the applicant with an opportunity to file an amended application, affidavits and submissions.  No such documents were filed by the applicant.  The matter is listed at 10.15 am today and it is now 11.45 am and the applicant has not appeared.

3. In addition to the short minutes of order signed by the applicant and the first respondent’s solicitor for the fixing of the matter for hearing today, the first respondent has tendered a letter dated 12 November 2015, sent to the applicant’s address as identified on the application, and foreshadowing that the first respondent would seek orders from the Court that the matter be dismissed if the applicant does not attend.

4. The first respondent moves for relief under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 for the application to be dismissed.  I am satisfied that the applicant was well aware of the hearing date.  No explanation has been proffered for the absence of the applicant.  I am satisfied this is an appropriate matter in which to exercise the Court’s powers under r.13.03C (1)(c).

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date: 27 November 2015