Singh, Amarjit v Minster for Immigration and Multicultural Affairs

Case [1998] FCA 767

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

 NG 211 of 1998

BETWEEN:

AMARJIT SINGH
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
RESPONDENT

JUDGE(S):

BRANSON J

DATE:

26 JUNE 1998

PLACE:

SYDNEY

REASONS FOR JUDGMENT (EX TEMPORE)

HER HONOUR:   I note that the applicant did not attend at Court on the first return date of this application, which date must have been known to him because it was endorsed on his application at the time of its filing.  Subsequent correspondence sent to the address which he gave on the application has been returned to the respondent in circumstances that do not make it entirely clear whether the applicant was ever a resident at that address, although such circumstances give some reason to think that he was at least at some time known at that address.  However, the sending of material to that address by post or by hand delivery no longer seems to be an effective way to communicate with the applicant.

Although I am not satisfied that the applicant was aware of the date of today's hearing, there is reason to think that he is not presently seeking to pursue his application.  With some reluctance, but being unable to identify any other sensible course, I dismiss the application pursuant to O 32 of the Federal Court Rules.  I order that the applicant pay the respondent's costs.

I note that Mr Markus, solicitor for the respondent, undertakes that his office will send a letter to the address shown on the applicant's application advising of today's order and advising that it is possible to make an application to the Court to set aside an order made in the absence of a party.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:

Dated:            26 June 1998

The applicant did not appear.
A Markus, of the Australian Government Solicitor, appeared for the respondent.
Date of Hearing: 26 June 1998
Date of Judgment: 26 June 1998
Details
AGLC
Singh, Amarjit v Minster for Immigration and Multicultural Affairs [1998] FCA 767
Case
[1998] FCA 767
Decision Date

CaseChat Overview and Summary

Amarjit Singh has applied for a review of a decision made by the Minister for Immigration and Multicultural Affairs. The Federal Court of Australia, New South Wales District Registry, was tasked with determining whether the Minister's decision was lawful, just, and reasonable. The respondent, represented by Mr. Markus of the Australian Government Solicitor, argued that the applicant had failed to attend the court on the designated date of hearing and had not made any efforts to pursue the application.

The central legal issue before the court was whether the applicant was aware of the hearing date and if he was actively pursuing the application. The court noted that while the applicant had not attended the hearing, there were indications that he may not be seeking to pursue the application. The court also observed that correspondence sent to the applicant's address had been returned, raising doubts about his current residence and the effectiveness of postal communication.

Justice Branson dismissed the application due to the applicant's absence and lack of pursuit of the matter. The court ordered the applicant to pay the respondent's costs. Mr. Markus undertook to send a letter to the applicant's last known address, notifying him of the court's order and the possibility of applying to set aside the order if made in the absence of a party.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.