Singh v Minister for Home Affairs
[2019] FCA 1215
•5 August 2019
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Home Affairs [2019] FCA 1215
Appeal from: Singh v Minister for Home Affairs & Anor [2019] FCCA 249 File number(s): QUD 122 of 2019 Judge(s): GREENWOOD J Date of judgment: 5 August 2019 Catchwords: MIGRATION – provision of reasons in relation to dismissing the appeal for transmission by the Court to the self‑represented appellant and the solicitors for the first respondent Date of hearing: 5 August 2019 Date of last submissions: 5 August 2019 Registry: Queensland Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 4 Counsel for the First Respondent: Ms A Wheatley Solicitor for the First Respondent: Clayton Utz ORDERS
QUD 122 of 2019 BETWEEN: GULSHAN SINGH
Appellant
AND: MINISTER FOR HOME AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE:
GREENWOOD J
DATE OF ORDER:
5 AUGUST 2019
THE COURT ORDERS THAT:
1.The appeal is dismissed.
2.The appellant pay the first respondent’s costs of and incidental to the appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
GREENWOOD J:
This appeal was called on for hearing this morning at 10.15am.
The appellant failed to appear at 10.15am. The Court is providing these brief reasons explanatory of the orders made today. The appellant’s name was called three times outside the Court room. There was no response to the call. At 10.20am, the Court made orders dismissing the appeal on the ground that the appellant had failed to appear in prosecution of his appeal.
The appellant had been represented by Stephens & Tozer, Solicitors. The lawyer at the firm acting for the appellant was Mr Rodney Sahay. On 22 July 2019, Stephens & Tozer filed a notice of ceasing to act. On 23 July 2019, the Federal Court Registry sent an email to the appellant at his personal email address noting that Stephens & Tozer no longer acted for him and advising him of all of the relevant details in relation to the listing of the matter at 10.15am before the Federal Court today.
The Court being satisfied that the appellant was properly notified of the hearing of the appeal as to time and date, dismissed the appeal upon the failure of the appellant to appear. These reasons will be sent by email to the appellant and the solicitors for the first respondent.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood. Associate:
Dated: 5 August 2019
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