Singh v Minister for Home Affairs

[2019] FCCA 2061

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 2061

Catchwords:
MIGRATION – Administrative Appeals Tribunal – application for Subclass 572 Vocational Education and Training Sector visa – no appearance made by the applicant – decision made in absence of the Applicant pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) – no jurisdictional error made out – application is dismissed.

Legislation:

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

Applicant: GULJINDER PREET SINGH

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 954 of 2018

Judgment of: Judge Humphreys

Hearing date: 29 July 2019

Date of Last Submission: 29 July 2019

Delivered at: Sydney

Delivered on: 29 July 2019

REPRESENTATION

No appearance from the Applicant:

Solicitors for the Respondents: Mr T Hillyard, Sparke Helmore

ORDERS

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

2. The Applicant to pay the First Respondent’s costs fixed in the amount of $5,000.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 954 of 2018

GULJINDER PREET SINGH

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR EX TEMPORE JUDGMENT

(Revised from Transcript)

Introduction

1. It is now 10:25 am. The applicant’s name has been called outside the Court three times and he has not appeared. Mr Hillyard, Solicitor, appears on behalf of the Minister and has provided me with a letter dated 22 July 2019, which was sent by both email and express post, to the nominated addresses of the applicant.

2. That letter confirms that the matter is listed for 29 July 2019, which is today, at 10 am. It also says that, if the applicant does not attend on this occasion:

   …the Respondent will seek orders from the Court that your matter be dismissed and that you pay the Minister’s legal costs in these proceedings.

3. An application has been made, based on the non-appearance of the applicant, that the matter be dismissed pursuant to r 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth), where it states that:

   …if the absent party is an applicant, the Court may dismiss the application.

4. I am reasonably satisfied that the applicant was, and should have been, aware of the time, date and place of the hearing. I am reasonably satisfied that they have not appeared. The Court is not aware of any message or communication from the applicant which would indicate that there was some difficulty in them appearing.

Conclusion

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

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Humphreys

Deputy Associate:  

Date:  16 September 2019