SINGH v Minister for Immigration

[2015] FCCA 2948

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2948

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migrants and Refugees Division) – Partner (Temporary) (Class UK) visa – no appearance by the applicant – application dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

Legislation:

Federal Circuit Court Rules 2001 rr.13.03C(1)(c), 44.12

Migration Act 1958 (Cth), s.476

Applicant: RAJINDER SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1664 of 2015

Judgment of: Judge Street

Hearing date: 2 November 2015

Date of Last Submission: 2 November 2015

Delivered at: Sydney

Delivered on: 2 November 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr A. Keevers
Sparke Helmore

ORDERS

1. The matter be 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 1664 of 2015

RAJINDER 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 relation to a decision of the Tribunal made on 27 May 2015 affirming the decision of the delegate not to grant the applicant a Partner (Temporary) (Class UK) visa.

2. Pursuant to orders made by a Registrar of this Court on 30 July 2015, this matter was listed for callover on 2 November 2015 at 9:00 am with the express notation that the matter may be listed for final hearing on a later day or, if appropriate, the matter may be allocated a date for a show cause of final hearing during the period 3 to 6 November 2015. 

3. The applicant was also sent a letter from the solicitors for the first respondent dated 23 October 2015 confirming that if the applicant did not appear the matter may be dismissed and the Minister may seek an order for the applicant to pay the Minister’s costs. 

4. I am satisfied that the applicant was aware that the matter was listed today for callover and no explanation has been proffered in relation to the absence of the applicant. This is a matter in which submissions have been served by the first respondent and the Court would have been likely to consider whether the matter should be dealt with under r.44.12 of the Federal Circuit Court Rules 2001 either later today, tomorrow or Wednesday. 

5. It is now 9.55 am and the applicant has been call outside the Court. In circumstances where the matter was listed at 9:00 am and the applicant has not appeared, the first respondent has moved for the matter to be dismissed under r.13.03C(1)(c). Given the absence of any explanation for the applicant’s failure to appear and the clear notification given to the applicant that the matter may be dismissed if he failed to appear, I am satisfied this is an appropriate case to exercise the Court’s powers under r.13.03C(1)(c). The application is dismissed under r.13.03C(1)(c).

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date: 2 November 2015