Sikari & Anor v Minister for Immigration & Anor (No.2)

In *Sikari & Anor v Minister for Immigration & Anor (No.2)*, Emmett J of the Federal Court of Australia considered an application by the Minister for Immigration and Border Protection to dismiss proceedings brought by the applicants, who were citizens of India. The applicants had sought review of a decision by a delegate of the Minister to refuse them Temporary Work Visas (Class UC, subclass 457). The Administrative Appeals Tribunal had previously found it lacked jurisdiction to hear the applicants' review application because the first applicant was not sponsored by an approved sponsor at the time of the application to the Tribunal, nor was any review of a sponsorship decision pending. The applicants then filed an application in the Federal Court seeking review of the Tribunal's jurisdictional decision.

The primary legal issue before Emmett J was whether the applicants' proceedings in the Federal Court should be dismissed. This question arose in circumstances where the applicants had failed to take any steps in the proceedings after filing their application, including failing to file amended applications, evidence, or written submissions, and crucially, failing to appear at the final hearing. The Minister had provided notice of the hearing date and indicated an intention to seek dismissal of the matter if the applicants did not attend.

Emmett J reasoned that the Court had made clear orders regarding the conduct of the proceedings, including a specific order that the application might be dismissed without further notice if there was no appearance by or on behalf of the applicant at any scheduled court event. The Court also emphasised the responsibility of each party to know the location of the courtroom. The applicants failed to appear at the scheduled hearing, and neither the Minister's solicitors nor the Court received any communication from them seeking an adjournment or for any other reason. The matter was called outside the Court on at least two occasions with no response. In light of these circumstances and the Minister's application, the Court considered it appropriate to dismiss the proceedings pursuant to rule 13.03C(1)(c) of the Federal Court Rules.

The Court ordered that the proceedings be dismissed and that the applicants pay the Minister's costs, fixed in the scale amount of $7,206.