SINGH v Minister for Immigration

[2015] FCCA 2212

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2212

Catchwords:
MIGRATION – No appearance by the applicant – application dismissed for want of appearance under r.13.03C(1)(c).

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: SUKHWINDER SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1175 of 2015

Judgment of: Judge Street

Hearing date: 14 August 2015

Date of Last Submission: 14 August 2015

Delivered at: Sydney

Delivered on: 14 August 2015

REPRESENTATION

No appearance from the applicant

Solicitors for the Respondents: Mr L Gell
Clayton Utz

ORDERS

1. The name of the Second Respondent be amended to the Administrative Appeals Tribunal and the filing of any further documents in this regard is dispensed with.

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

3. The Applicant pay the First Respondent’s costs fixed in the amount of $6825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1175 of 2015

SUKHWINDER SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is a matter within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) in respect of a decision of the Tribunal made on 7 April 2015 affirming the decision of the delegate not to grant the applicant’s Temporary Business Entry (Class UC) visas. The matter was listed for hearing before the Court today at 3.15pm. The applicants have been provided with an order made on 4 June 2015, fixing the matter for hearing. The first respondent has tendered into evidence, a letter sent on 30 July 2015 to the applicants confirming the hearing date and time.

2. The matter has been called outside the Court. The applicants have failed to appear, and it is now 3.30 pm. The first respondent has moved for the application to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. I am satisfied that the applicants were well aware of the hearing date and that this is an appropriate case in which to exercise the power under r.13.03C(1)(c). I also note that there has been no communication to the first respondent by the applicants, explaining, or purporting to explain the failure to appear, nor has there been any contact made with the Court by the applicants.

3. The application is dismissed under r.13.03C(1)(c).

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

Associate: 

Date:  18 August 2015