Singh v Minister for Home Affairs (No 2)

[2019] FCA 105

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Home Affairs (No 2) [2019] FCA 105

File number(s):

NSD 1391 of 2018

Judge(s):

FARRELL J

Date of judgment:

7 February 2019

Legislation:

Federal Court of Australia Act 1976 (Cth) s 25

Cases cited:

Singh v Minister for Home Affairs [2018] FCA 1726

Singh v Minister for Home Affairs [2018] FCCA 1999

Date of hearing:

7 February 2019

Registry:

New South Wales

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

No Catchwords

Number of paragraphs:

4

Counsel for the Applicant:

The Applicant did not appear

Solicitor for the Respondents:

Ms B Rayment of Sparke Helmore Lawyers

ORDERS

NSD 1391 of 2018

BETWEEN:

SURJEET SINGH

Applicant

AND:

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	FARRELL J
DATE OF ORDER:	7 FEBRUARY 2019

THE COURT ORDERS THAT:

1.The applicant’s application filed on 22 January 2019 to reinstate his application for leave to appeal is dismissed.

2.The applicant must pay the first respondent’s costs fixed in the sum of $500.00.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

FARRELL J

1. On 8 November 2018, the Court dismissed an application made by Mr Singh for leave to appeal a decision of the Federal Circuit Court of Australia in Singh v Minister for Home Affairs [2018] FCCA 1999 pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). That was based on his unexplained failure to attend the hearing of his application for leave to appeal listed for 2.15 pm on that day: Singh v Minister for Home Affairs [2018] FCA 1726.

2. On 22 January 2019, Mr Singh filed an affidavit affirmed by him on 21 January 2019 indicating that he had been unable to attend that hearing on 8 November 2018 due to illness and seeking to have his matter reinstated.  He attached a medical certificate dated 8 November 2018 that indicated he had viral chills and dizziness on that day.  I note that the medical certificate suffered from the usual deficiency in that it did not address whether Mr Singh was unable to participate in a Court hearing but rather certified to his inability to attend work, school, childcare or university.

3. The matter was listed for a case management hearing today at 9:30 am.  The Court’s registry notified Mr Singh of that listing by email sent to the email address set out in his affidavit.  Mr Singh did not appear at 9:30 am and the matter was stood down in the list.  The matter was called three times outside the court room at approximately 9:50 am.  He has still not appeared at 10.05 am.

4. I will make the order sought by the Minister that Mr Singh’s application to reinstate his application for leave to appeal be dismissed and that he pay the Minister’s costs fixed in the sum of $500.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Farrell.

Associate:

Dated:       11 February 2019