Singh v Minister for Immigration

[2015] FCCA 2406

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2406

Catchwords:
MIGRATION – Application for review of a decision of the Migration Review Tribunal – Applicant fails to appear – application dismissed pursuant to Federal Circuit Court Rule 13.03C.

Legislation:

Migration Act 1958 (Cth)

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

Applicant: RAMANPREET SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 55 of 2015

Judgment of: Judge Simpson

Hearing date: 28 August 2015

Date of Last Submission: 28 August 2015

Delivered at: Adelaide

Delivered on: 28 August 2015 (ex tempore)

REPRESENTATION

The Applicant: No appearance

Solicitors for the Respondents: Ms C Stokes for the Australian Government Solicitors

ORDERS

1. The Application filed on 19 February 2015 is dismissed pursuant to r.13.03C of the Federal Circuit Court Rules 2001 (Cth).

2. The Second Respondent’s name is amended to ‘The Administrative Appeals Tribunal’.

3. The applicant do pay the First Respondent’s costs fixed in the sum of SIX THOUSAND, EIGHT HUNDRED AND TWENTY FIVE DOLLARS ($6,825.00).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADG 55 of 2015

RAMANPREET SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Reasons settled from transcript)

1. I have before me an application brought by one Mr Ramanpreet Singh, in which he seeks an order quashing a decision of the Migration Review Tribunal.

2. The applicant’s name has been called three times but he does not appear.  There is an interpreter who is present in the event that the applicant appears.  It is now 10.15am.  He was due here at 10 o’clock.  The Court has looked in the file papers to see whether there is a telephone number on which the Applicant could be contacted but there is no telephone number.

3. The Court sent a letter to the Applicant to the address that is on the Court file advising him that the matter was listed for today and that he needed to attend.  It had previously been listed for a later date, namely 11 September, but it was desirable for this matter to be dealt with earlier.  The Applicant was properly advised.  I am advised by counsel for the First Respondent that they sent their Outline of Submissions to the Applicant to the address that is shown in the Court file.  Included with that submission was a letter, and I will just read out what it says.  It is dated 24 August 2015, addressed to Mr Singh at 5/378 Anzac Highway, Plympton.  The body of the letter says this:

   “We refer to the above matter.  Please find enclosed a copy of the Minister’s outline of submissions that was filed in the Federal Circuit Court today.  The matter is listed for final hearing on Friday, 28 August 2015 at 10 am.  You are expected to attend this hearing.  If you fail to attend, we may apply to have the matter dismissed in your absence.  If you are not able to attend the hearing, you should apply to the Court for an adjournment.  The Court would usually require you to justify why you cannot attend the hearing.  Please note that our client is unlikely to consent to an adjournment if a medical certificate without more is sent to the Court around the time of the hearing.  Please contact us if you wish to discuss the matter.”

4. A telephone number and fax number was given. 

5. In the circumstances, I think it is appropriate to accede to the request of the First Respondent to dismiss the application. There will be an order that the application filed on 19 February 2015 is dismissed pursuant to r.13.03C of the Federal Circuit Court Rules 2001 (Cth).

6. There will be a further order that the Applicant pay the First Respondent its costs fixed in the sum of $6,825.

7. There will be a further order that the name of the Second Respondent be amended to read ‘The Administrative Appeals Tribunal’.

8. I make the orders to be found at the beginning of these reasons.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Simpson

Associate: 

Date:  8 September 2015