Singh v Minister for Immigration

[2019] FCCA 291

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 291

Catchwords:
MIGRATION – Administrative Appeals Tribunal.

PRACTICE AND PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Federal Circuit Court Rules 2001 (Cth), r.13.03C

Applicant: TEJINDERPAL SINGH

First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2219 of 2017

Judgment of: Judge Emmett

Hearing date: 5 February 2019

Date of Last Submission: 5 February 2019

Delivered at: Sydney

Delivered on: 5 February 2019

REPRESENTATION

Applicant: No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr Justin McGovern
(Clayton Utz)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2219 of 2017

TEJINDERPAL SINGH

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 14 July 2017, be 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 scheduled hearing.

2. In support of the application, the first respondent’s solicitor Mr McGovern, read his affidavit, sworn 4 February 2019. Mr McGovern attached various documents disclosing that the applicant departed Australia on 17 January 2019, and does not presently hold a visa that would permit his re-entry.

3. I further note that the applicant attended a directions hearing before a registrar of this Court on 10 August 2017 with the assistance of an interpreter. On that occasion, the applicant was given leave to file an amended application, any further evidence and submissions in support of his application. In addition, the applicant was provided with the contact details of legal services providers and translating and interpreting services in documents headed in his own language. The matter was set down for hearing today at 10:15am at that directions hearing.

4. There have been no documents filed by or on behalf of the applicant either in accordance with those directions or otherwise. There has been no communication received from the applicant either by the first respondent’s solicitors or by the Court seeking an adjournment of today’s hearing or for any other reason.  It is now 10:29am and the matter has been called on at least two occasions outside the Court. 

5. On the evidence before me, I am satisfied that the applicant did depart Australia on 17 January 2019.

6. In the circumstances, the first respondent’s application that the matter be dismissed with costs is appropriate.

7. Accordingly, the proceeding before this Court, commenced by way of application filed on 14 July 2017, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules, by reason of the failure of the applicant to attend today’s scheduled hearing.

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

Date: 14 February 2019