SHARMA v Minister for Immigration

[2014] FCCA 3188

FEDERAL CIRCUIT COURT OF AUSTRALIA

SHARMA v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 3188

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

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: GAUTAM SHARMA

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 870 of 2014

Judgment of: Judge Nicholls

Hearing date: 30 April 2014

Date of Last Submission: 30 April 2014

Delivered at: Sydney

Delivered on: 30 April 2014

REPRESENTATION

Solicitors for the Applicant: No Appearance

Counsel for the Respondents: Ms R Jones

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

1. The application made on 31 March 2014 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 $300.00

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 870 of 2014

GAUTAM SHARMA

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 today an application made pursuant to s.476 of the Migration Act 1958 (Cth) on 31 March 2014 seeking review of the decision of the Migration Review Tribunal made on 5 March 2014 which affirmed the decision of the delegate of the Minister to refuse a Student (Temporary) (Class TU) visa to the applicant.

2. Today is the first Court date in this matter. This matter was set down for 9.30am on 30 April 2014. When the matter was called today there was no appearance by, or for, the applicant.

3. The Minister has made an application that the applicant’s matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the FCC Rules”) for non-appearance.

4. I have in evidence before me two letters sent to the applicant notifying him of the time, date and place of the Court event today (respondent’s exhibit one -“RE1”).

5. To the best of my knowledge, there has been no communication by the applicant to the Court’s registry seeking any adjournment, nor notifying of any difficulty in attending today. 

6. In the applicant’s absence, and in the absence of any satisfactory explanation, it is appropriate that I proceed to dismiss the application pursuant to r.1303C(1)(c) of the FCC Rules. I will make that order.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date:       9 November 2015