SINGH v Minister for Immigration

[2014] FCCA 303

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2014] FCCA 303

Catchwords:
MIGRATION – No appearance.

Legislation:  

Migration Act 1968 (Cth) s.65

Applicant: VIKRAM SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 451 of 2013

Judgment of: Judge Raphael

Hearing date: 17 February 2014

Date of Last Submission: 17 February 2014

Delivered at: Sydney

Delivered on: 17 February 2014

REPRESENTATION

For the Applicant: No appearance

Counsel for the Respondents: Mr J Smith

Solicitors for the Respondents: Australian Government Solicitor

ORDERS

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

2. Applicant to pay the respondents’ costs assessed in the sum of $4,500.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 451 of 2013

VIKRAM SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, the applicant seeks review of a decision of the Migration Review Tribunal affirming a decision of the delegate not to grant him a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1968 (Cth).  The grounds upon which the delegate refused to grant the visa was that the Minister could not be satisfied that the applicant would have access to funds demonstrated or declared in accordance with the requirements under Schedule 5A relating to the applicant’s financial capacity.

2. The applicant did not attend the hearing before the tribunal and was also one day out of time in filing his application to this court. The applicant did attend a first court date on 28 October 2013 and signed consent orders which provided for the matter to be heard today at 10.15am. However, he did not appear at 10.15am, nor was he present when his name was called outside the court at 10.30am. In those circumstances, I propose to dismiss the application pursuant to Part 13, rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) and to award the respondent costs payable by the applicant in the sum of $4,500.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Raphael

Associate: 

Date:  21 February 2014