SINGH v Minister for Immigration

[2013] FCCA 2360

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2360

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

Legislation:

Migration Act 1958 (Cth), s.476.

Applicant: RAVINDER SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 1950 of 2013

Judgment of: Judge Nicholls

Hearing date: 27 November 2013

Date of Last Submission: 27 November 2013

Delivered at: Sydney

Delivered on: 27 November 2013

REPRESENTATION

Applicant: No Appearance

Appearing for the Respondents: Mr R Ray

Solicitors for the Respondents: Clayton Utz

ORDERS

1. The application made on 21 August 2013 is dismissed pursuant to Rule 31.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

2. The applicant pay the first respondent’s costs set in the amount of $2,000.00

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1950 of 2013

RAVINDER 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 an application made pursuant to s.476 of the Migration Act 1958 (Cth) (“the Act”) on 21 August 2013, seeking review of the decision of the Migration Review Tribunal (“the Tribunal”) made on 22 July 2013, which affirmed the decision of the respondent Minister’s delegate to refuse to grant the applicant a Student (Temporary) (Class TU) visa.

2. At the first Court date in this matter, on 30 October 2013, I set the matter down for directions on 6 November 2013. At the first Court date the applicant appeared in person. He was assisted by an interpreter in the Punjabi language. At the directions hearing before this Court on 6 November 2013 the applicant, again, appeared in person and was assisted by an interpreter in the Punjabi language. At that directions hearing, on 6 November 2013, I made orders setting the matter down for further directions for today, 27 November 2013, at 9.15am.

3. When the matter was called today, there was no appearance by the applicant. The Court has not received any communication from the applicant seeking an adjournment of this Court date, nor has any explanation been proffered to the Court by the applicant regarding his inability to appear today. I have not received any notification from the Court’s Registry that the applicant has sought an adjournment or to discontinue these proceedings.

4. I take into account the applicant’s appearance at the directions hearing on 6 November 2013, when this matter was set down for further directions for today. I also take into account a letter, dated 6 November 2013, from the Court, addressed to the applicant, enclosing a signed and sealed copy of the orders made on that date, which set the matter down for further directions for today, 27 November 2013 at 9.15am. I am satisfied that, from the applicant’s appearance on that day, and the letter from the Court, dated 6 November 2013, that the applicant had reasonable notice of the Court event today.

Conclusion

1. It is appropriate that I make an order to dismiss this application pursuant to r.13.03(1)(c) of the Federal Circuit Court Rules 2001 (Cth). I will make an order accordingly.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Nicholls

Associate: 

Date: 31 January 2014