SINGH v Minister for Immigration

[2020] FCCA 1595

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2020] FCCA 1595

Catchwords:
MIGRATION – Failure of applicant to appear at final hearing – no reasonable excuse provided by applicant for non-appearance at hearing – application for review dismissed.

Legislation:

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

Applicant: AZAD SINGH

First Respondent: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: BRG 1087 of 2019

Judgment of: Judge Egan

Hearing date: 15 June 2020

Date of Last Submission: 15 June 2020

Delivered at: Brisbane

Delivered on: 15 June 2020

REPRESENTATION

Applicant: No appearance

Solicitors for the First Respondent: Mr Freeburn, Solicitor of Clayton Utz

Second Respondent: Submitting appearance save as to costs

ORDERS

1. The application for review filed on 18 December 2019 be dismissed pursuant to the provisions of Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) due to the non-appearance of the Applicant.

2. The Applicant pay the First Respondent’s costs of and incidental to the application for review fixed in the amount of $7,467.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 1087 of 2019

AZAD SINGH

Applicant

And

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. Mr Freeburn on behalf of the applicant has made application for dismissal of the application for review pursuant to the provisions of Rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) based upon the non-appearance today before the Court of the applicant. In the circumstances, the Court grants such application.

2. No good reason has been shown or advanced on behalf of the applicant for his non-appearance.

3. In all of the circumstances, it is appropriate that the application for review before the Court be dismissed by reason of the absence of the applicant.

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

Associate:

Date: 19 June 2020