Singh v Minister for Immigration

[2019] FCCA 1369

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 1369

Catchwords:
MIGRATION – Failure of the Applicant to appear.

Applicant: AVTAR SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: MLG 1185 of 2017

Judgment of: Judge McNab

Hearing date: 21 May 2019

Date of Last Submission: 21 May 2019

Delivered at: Melbourne

Delivered on: 21 May 2019

REPRESENTATION

The Applicant appearing in person

Solicitors for the Respondents: Ms Buhary

ORDERS

1. The proceeding before this Court, commenced by way of Application filed on 5 June 2017 and amended 20 May 2019 is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the Applicant to attend today’s hearing

2. The Applicant is to pay the costs of the First Respondent fixed in the sum of $5,140.

AND THE COURT NOTES THAT:

1. The Applicant was called outside of Court at 11:50 today and there was no response to the call by the Applicant.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 1185 of 2017

AVTAR SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(DELIVERED EXTEMPORE – REVISED FROM TRANSCRIPT)

1. I am satisfied that this is a matter appropriate to be dismissed, pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) on the grounds of the non-appearance by the applicant.

2. This proceeding was commenced by an application filed by the applicant on 5 June 2017 for the Court to review a decision of the Administrative Appeals Tribunal (‘the Tribunal’) made on 8 May 2017.

3. On 20 May 2019 the applicant filed with the registry an amended application, which set out three additional grounds of review. The applicant also filed a notice of address for service, which nominated his address as an address in Dandenong North.

4. The applicant did not appear before the Court today on 21 May2019. Given that the applicant had recently filed material, including an address for service, my associate made inquiries on the mobile phone number which had been provided by the applicant. That call was not answered. The Court waited until 11.50 before calling the matter.

5. The Court is satisfied that the applicant has been served with a notice of hearing on 7 May 2019. That letter was sent by the solicitors for the First Respondent to the applicant at his address for service on 7 May 2019. It was also sent by email to that address.

6. I am also satisfied that documents, including written submissions, were provided to the applicant by courier at the address for service nominated by him.

7. In those circumstances, the Court believes it appropriate to dismiss the application pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) on the grounds of the nonappearance by the applicant and order that the applicant pay the first respondent’s costs fixed in the sum of $5,140.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge McNab

Associate:  

Date:  22 May 2019