SINGH v Minister for Immigration

[2014] FCCA 3194

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 3194

Catchwords:
MIGRATION – Application for review of decision of Migration Review Tribunal – no appearance by the applicant – application dismissed.

Legislation:

Migration Act 1958 (Cth), s.476

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

Applicant: ARVINDER SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 111 of 2014

Judgment of: Judge Nicholls

Hearing date: 10 September 2014

Date of Last Submission: 10 September 2014

Delivered at: Sydney

Delivered on: 10 September 2014

REPRESENTATION

Applicant: No Appearance

Solicitors for the Respondents: Ms E Warner Knight of Australian Government Solicitor

ORDERS

1. The application made on 16 January 2014 is dismissed for non-appearance pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant pay the first respondent’s costs set in the amount of $3,326.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 111 of 2014

ARVINDER SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

1. I have before me today an application made pursuant to s.476 of the Migration Act 1958 (Cth) on 16 January 2014, seeking review of the decision of the Migration Review Tribunal made on 23 December 2013 which affirmed the decision of the Minister’s delegate to refuse a protection visa to the applicant.

2. When the matter was first before the Court on 5 March 2014, the applicant appeared in person. A number of orders were made for the progress of this matter. The matter was set down for mention at a callover today. The applicant was also given the opportunity to file any amended application and evidence by way of affidavit. Nothing further has been filed by the applicant.

3. I have regard to respondent’s exhibit one (“RE1”), being a letter dated 12 August 2014, from the Court to both parties. In particular, the letter was sent to the applicant at the address for service provided by the applicant to the Court.

4. Today when the matter was called, there was no appearance by, or for, the applicant.  The matter was scheduled for mention at 9.30 am.  It is now 35 minutes past that time.  The applicant’s failure to attend is unexplained.

5. I am not aware of any approach to the Registry of the Court to advise of any application for an adjournment of today’s event or, indeed, to otherwise advise of any difficulties in attending.

6. The Minister has sought an order that the matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth). In all the circumstances, I am satisfied that the applicant has had reasonable notice of the Court event today. The absence of the applicant remains unexplained. In the circumstances, it is appropriate that I make the order that the Minister seeks.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date: 26 November 2015