Singh v Minister for Home Affairs

[2019] FCCA 999

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 999

Catchwords:
MIGRATION – Student visa application – non-appearance at final hearing by the Applicant – application dismissed with costs pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

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

Applicant: MANPREET SINGH

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 744 of 2018

Judgment of: Judge Baird

Hearing date: 3 April 2019

Date of Last Submission: 3 April 2019

Delivered at: Sydney

Delivered on: 3 April 2019

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitors for the First Respondent: Ms S Roberts, Mills Oakley

ORDERS

THE COURT NOTES THAT at approximately 2:45pm the matter was called once inside the Court and three times outside the Court, and there was no appearance by or on behalf of the Applicant.

THE COURT:

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

2. ORDERS THAT the Applicant pay the First Respondent’s costs fixed in the sum of $5,400.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 744 of 2018

MANPREET SINGH

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(ex tempore, revised from transcript)

1. This is an application pursuant to s.476 of the Migration Act 1958 (Cth) seeking judicial review of a decision of the Second Respondent, the Administrative Appeals Tribunal, made 23 February 2018, affirming the decision of a Delegate of the First Respondent, the Minister for Immigration and Border Protection (now the Minister for Home Affairs), made on 27 April 2016 to refuse to grant the Applicant a Student (Temporary) (Class TU) (Subclass 572) Visa. 

2. In this matter, the Applicant has not appeared this afternoon at the hearing.  He has provided an email to my Chambers at 9.02 pm last night which is as follows (without alteration):

   Honourable judge Baird

   97-99 Goulburn Street, Sydney, NSW.

   The purpose is the E-mail to let you know that i am unable attend my hearing date on 3-04-19 because an emergency. I am really sorry for my this act.

   I shall be very thankful to you if you provide me the copies of final decision due on 03-04-19.

   Yours sincerely

   Manpreet Singh

   Sent from my iPhone

3. I note that the Applicant has provided no explanation of his inability to attend.  He has asked for a copy of the final decision and he did not seek an adjournment.  The matter being listed for hearing at 2.15 this afternoon, the matter was called at approximately 2.45 pm.  Ms Roberts, solicitor for the Minister, and an interpreter were present.  There was no appearance by or for the Applicant in Court.

4. I caused my Associate to call the matter outside the Court 3 times at approximately 2.47 pm, and there was no appearance. I have excused Madam Interpreter. Ms Roberts on instructions seeks that the matter be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) on default of appearance of the Applicant. I am persuaded that the Applicant has had due notice of today, and has informed the Court that he will not be attending today.

5. As he has not given any explanation for why he cannot attend and, as I have said, does not seek an adjournment, I am prepared to accede to the Minister’s request, and I will so order.  I note, as Ms Roberts has submitted to me, that there are avenues available to the Applicant should he at some time be able to provide any explanation for his non-appearance today.  Accordingly, I will make the orders sought.

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

Date:         12 April 2019