SINGH v Minister for Immigration

[2014] FCCA 1014

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 1014

Catchwords:
MIGRATION – Review of Migration Review Tribunal decision – no appearance.

Legislation:  

Federal Circuit Court Rules 2001 (Cth)

Applicant: BALWINDER SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 386 of 2013

Judgment of: Judge Raphael

Hearing date: 13 May 2014

Date of Last Submission: 13 May 2014

Delivered at: Adelaide

Delivered on: 13 May 2014

REPRESENTATION

For the Applicant: In person

Solicitors for the First Respondent: Australian Government Solicitor

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. Applicant to pay the First Respondent’s costs assessed in the sum of $4,000.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADG 386 of 2013

BALWINDER SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, the applicant filed an application for review of a decision of the Migration Review Tribunal on 30 December 2013.  He had received confirmation of a refusal to grant him a Skilled (Provisional) (class VC) subclass 485 (Skilled-Graduate) visa for his nominated skilled occupation as a cook. Unfortunately for him, he had not obtained the necessary evidence that his skills had been assessed as suitable for the nominated skilled occupation.  And so both the delegate and then the Tribunal determined that he was not entitled to receive the visa.

2. When the matter came on for hearing today in court, the applicant was not present.  His wife telephoned the Registry shortly before the matter was due to be heard to inform it that her husband was in India.  If this is the case, there must be some doubt as to whether he will be permitted to return, but the court has no knowledge of the conditions placed upon his bridging visa. 

3. In any event, by not appearing, he has forfeited his right to a hearing in this matter which will be dismissed pursuant to Part 13, Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) and the applicant will be required to pay the respondent’s costs which the court assesses in the sum of $4,000.00.

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

Associate: 

Date:  20 May 2014