Singh v Minister for Immigration and Border Protection

[2018] FCA 1903

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2018] FCA 1903

Appeal from:	Application for leave to appeal: Singh v Minister for Immigration and Border Protection [2018] FCCA 1230
File number:	VID 491 of 2018
Judge:	MIDDLETON J
Date of judgment:	26 November 2018
Date of publication of reasons:	28 November 2018
Legislation:	Federal Court Rules 2011 (Cth)
Date of hearing:	26 November 2018
Registry:	Victoria
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	No Catchwords
Number of paragraphs:	8
Counsel for the Applicant:	Applicant did not appear
Counsel for the First Respondent:	Mr O Ciolek
Solicitor for the First Respondent:	Australian Government Solicitor
Counsel for the Second Respondent:	The Second Respondent filed a submitting notice, save as to costs

ORDERS

VID 491 of 2018

BETWEEN:

JATINDER SINGH

Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	26 NOVEMBER 2018

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed with costs.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MIDDLETON J:

1. The applicant is a citizen of India.  He applies for leave to appeal to this Court from the judgment of the Federal Circuit Court of Australia, published as Singh v Minister for Immigration and Border Protection [2018] FCCA 1230. The Federal Circuit Court dismissed the applicant’s application by which the applicant sought an order reinstating his proceeding in that Court for judicial review of a decision of the second respondent affirming a decision of a delegate of the first respondent (the ‘Minister’) to refuse the applicant a Partner (Temporary) (Class UK) (Subclass 820) visa.

2. The applicant had, before applying for reinstatement, filed a notice of discontinuance of his application for judicial review.

3. The applicant has not filed or served any written outline of his submissions, despite the Registrar directing him to do so by order dated 29 June 2018.

4. The applicant has applied to this Court for leave to appeal from the judgment of the Federal Circuit Court, on the following grounds:

   1.I have not been treated fairly by FCC and they have dismissed my application. To seek fair outcome my matter and application to be reinstated I would like to request FCC to accept my application and overturn the decision made by FCC to dismiss my application.

   2.Reason I applied for re instatement of application was that I wanted this matter to be heard not dismissed.

   (errors in original)

5. The application for leave to appeal was brought on before me on 26 November 2018, and there was no appearance by the applicant.  I am satisfied that the applicant has been informed of the fact that this matter would be heard in this Court and at this time, and there has been no communication or explanation given for the applicant’s failure to appear.  I am also satisfied, through the Court process, that the applicant was adequately informed of the place, date and time of the hearing.

6. The Minister made an application, under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth), for an order that the application for leave to appeal to this Court from the judgment of the Federal Circuit Court be dismissed. The Minister also sought an order as to costs against the applicant.

7. I am satisfied in the circumstances that such an order should be made.  I do not propose to enter into the merits of the matter in these reasons, other than to say that I have had the opportunity of reading the Court file and the judgment of the Federal Circuit Court, and it seems to me that there is no error in the approach taken by that Court.  However, this must necessarily be a tentative view, as I have not had the benefit of hearing submissions by the applicant.

8. In the circumstances, I will order that the application for leave to appeal be dismissed with costs.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton.

Associate: 

Dated:        28 November 2018