SINGH v Minister for Immigration

[2017] FCCA 2208

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 2208

Catchwords:
MIGRATION – Administrative Appeals Tribunal – no appearance by the Applicant – appropriate matter for Court to exercise powers under r.13.03C(l)(c) – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: GURBHEJ SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 552 of 2017

Judgment of: Judge Street

Hearing date: 12 September 2017

Date of Last Submission: 12 September 2017

Delivered at: Sydney

Delivered on: 12 September 2017

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondents: Ms A Wong
Mills Oakley Lawyers

ORDERS

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

2. The applicant pay the first respondent’s costs fixed in the amount of $3,606.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 552 of 2017

GURBHEJ SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Act”), in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 30 January 2017, holding that the Tribunal did not have jurisdiction in respect of a review application of the Department's decision to refuse the application for the grant of a Temporary Work (Skilled) (subclass 457) visa.

2. On 4 May 2017, a Registrar of this Court made orders fixing the matter today for a show cause hearing, and the applicant was present at the time those orders were made. The matter has been called and the applicant has failed to appear. The first respondent has moved for the matter to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules2001.

3. The first respondent has also tendered a letter dated 5 September 2017, marked Exhibit A on this application, that was sent to the applicant at the address identified on the applicant’s initiating application. I am satisfied on the material before the Court, that the applicant was aware of the hearing date. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules2001. Accordingly, the application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules2001.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  24 October 2017