SINGH v Minister for Immigration
[2004] FMCA 509
•3 August 2004
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SINGH v MINISTER FOR IMMIGRATION | [2004] FMCA 509 |
| MIGRATION – Application for review of Migration Review Tribunal decision – no appearance by applicant – application dismissed. |
| Applicant: | SATAYKAM SINGH |
| Respondent: | MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
| File No: | SZ1145 of 2003 |
| Delivered on: | 3 August 2004 |
| Delivered at: | Sydney |
| Hearing date: | 3 August 2004 |
| Judgment of: | Barnes FM |
REPRESENTATION
| Counsel for the Applicant: | Nil |
| Solicitors for the Applicant: | Nil |
| Counsel for the Respondent: | Ms R Francois |
| Solicitors for the Respondent: | Clayton Utz |
ORDERS
That there being no appearance by the applicant the application is dismissed pursuant to Rule 13.03A(c) Federal Magistrates Court Rules.
That the respondent notify the applicant of the orders made today and of the effect of Rule 16.05 by letter sent by pre-paid post to the last notified postal address of the applicant within seven days of today's date.
That the applicant pay the respondent's costs in the amount of $2,500.00.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SZ1145 of 2003
| SATAYKAM SINGH |
Applicant
And
| MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application for review of a decision of the Migration Review Tribunal dated 28 May 2003 affirming a decision of a delegate of the respondent to refuse the applicant a Student (Temporary) (Class TU) visa. The applicant sought review of that decision by application filed in this court on 24 June 2003.
The court file indicates that he attended a directions hearing of
14 August 2003 and on that date consent orders were made listing the matter for hearing today, on 3 August 2004, at 2:15pm. Orders were also made for the applicant to file and serve any amended application by 26 October 2003. No such application was filed. He was also ordered to file and serve an outline of submissions five working days prior to the hearing date. No such written submissions have been received by the court. The respondent has filed written submissions in accordance with the directions.
The applicant was not present when the matter was first called on for hearing today and has not appeared in the time allowed. The respondent seeks that the matter be dismissed. I am satisfied that the applicant has had the opportunity to appear today. He has not done so I consider it appropriate to dismiss the application under Rule 13.03A(c) of the Federal Magistrates Court Rules. To allow for the fact that there may be some legitimate unexplained reason for the applicant's failure to attend today I propose to order that the respondent notify the applicant of the orders made today and of the effect of Rule 16.05 of the Federal Magistrates Court Rules.
RECORDED : NOT TRANSCRIBED
Bearing in mind the nature of this and other similar matters an appropriate amount is $2,500.00.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 18 August 2004
0
0
0