Sidhu v Minister for Immigration

[2016] FCCA 1217

FEDERAL CIRCUIT COURT OF AUSTRALIA

SIDHU v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 1217

Catchwords:

MIGRATION – Dismissal in lieu of leave to discontinue application for constitutional writs.

Legislation:

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

Applicant: BALRAJ SIDHU

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2545 of 2014

Judgment of: Judge Dowdy

Hearing date: 22 April 2016

Date of Last Submission: 22 April 2016

Delivered at: Sydney

Delivered on: 22 April 2016

REPRESENTATION

Appearance for the Applicant: In person

Counsel for the First Respondent: Mr Kaplan

Solicitors for the First Respondent: Clayton Utz

ORDERS

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

2. The Applicant is ordered to pay the First Respondent’s costs in the sum of $6825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2545 of 2014

BALRAJ SIDHU

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, the hearing took place on the appointed date, being 26 February 2016, but for reasons which it is unnecessary to go into for present purposes, it was adjourned until today. 

2. In the meantime, on or about 1 March 2016, the Applicant sought to file a Notice of Discontinuance in the Registry of the Court, signed by him. That evinced an intention by the Applicant not to proceed with his application to final determination. 

3. The Applicant needed leave, in the circumstances, to file an effective Notice of Discontinuance. That was pointed out to the Applicant in email correspondence between my Associate and the parties. It was also advised to him that the First Respondent wanted costs in the sum of $6825 as a condition for leave being granted to discontinue. It was also made clear in the correspondence that the matter would remain in the list for hearing today and I will have that correspondence marked Exhibit “A”.

4. This morning the Applicant has not appeared and he has been called outside the Court three times.  He has had an email sent to him this morning to remind him of the matter being in Court and my Associate has, in Court this morning, made an unsuccessful attempt to contact him by phone.

5. The First Respondent would prefer that the matter not be dealt with by way of leave being granted for the filing of the proposed Notice of Discontinuance because of a concern about the imposition of any terms. I am, myself, completely confident that terms can be imposed by the Court when leave to discontinue is sought, but as that is the First Respondent’s view and there is not likely to be any real difference in effect, I am prepared to dismiss the Applicant’s application pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

6. The First Respondent seeks costs in the sum of $6825; that seems to me, as I have indicated in the said correspondence to be an eminently reasonable amount in the circumstances.

7. Accordingly I order as follows:

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

   b)The Applicant is ordered to pay the First Respondent’s costs in the sum of $6825.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Dowdy

Associate: 

Date:  22 April 2016