SINGH v Minister for Immigration

[2016] FCCA 787

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 787

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – failure to appear – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: SURJEET SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1885 of 2015

Judgment of: Judge Street

Hearing date: 8 April 2016

Date of Last Submission: 8 April 2016

Delivered at: Sydney

Delivered on: 8 April 2016

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the First Respondent: Ms A Lucchese
Sparke Helmore

ORDERS

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

2. The applicant pay the costs of the first respondent fixed in the amount of $3416.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1885 of 2015

SURJEET 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) in respect of a decision of the Tribunal made on 9 June 2015 affirming the decision of the delegate not to grant the applicant a Partner Temporary (Class UK) visa. By letter dated 4 March 2016, the applicant was notified when the matter was listed today for callover. That letter was marked exhibit A and was sent to the applicant’s address as identified on the application.

2. The applicant was sent a further letter dated 9 March 2016 by the solicitors for the first respondent also identifying the callover time and foreshadowing that the minister may move to have the matter dismissed if the applicant fails to appear. The first respondent moves for the dismissal of the application under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.  I am satisfied that the applicant was notified of the callover today and the applicant has failed to appear. 

3. I am satisfied this is an appropriate matter in which to exercise the Court’s power under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. The application is dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

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

Associate: 

Date:  28 April 2016