Singh v Minister for Immigration and Border Protection

[2018] FCA 861

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2018] FCA 861

Appeal from:	Singh v Minister for Immigration & Anor [2017] FCCA 2948
File number:	VID 1383 of 2017
Judge:	NORTH J
Date of judgment:	1 June 2018
Date of hearing:	1 June 2018
Registry:	Victoria
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	No Catchwords
Number of paragraphs:	6
Counsel for the Appellant:	The appellant did not appear
Counsel for the Respondents:	Mr R Knowles
Solicitor for the Respondents:	Australian Government Solicitor

ORDERS

VID 1383 of 2017

BETWEEN:

SARBJEET SINGH

Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	NORTH J
DATE OF ORDER:	1 JUNE 2018

THE COURT ORDERS THAT:

1.Pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1) of the Federal Court Rules 2011 (Cth) the appeal is dismissed for failure of the appellant to appear.

2.The appellant pay the first respondent’s costs fixed in the sum of $6,439.

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

REASONS FOR JUDGMENT

NORTH J:

1. This appeal was listed for hearing at 10.15 am on 1 June 2018.  At that time, the appellant did not appear.  Before the commencement of the hearing, the instructing solicitor of the first respondent called the appellant three times on the mobile telephone number recorded on the notice of appeal and received no answer. 

2. Prior to 1 June 2018, the appellant was notified of the time, date and place of the hearing by the solicitor for the first respondent by a letter dated 9 April 2018, sent to the address recorded as the address for service on the notice of appeal.  That same information was sent by email to the email address recorded on the notice of appeal.

3. On 25 May 2018, further correspondence advising of the hearing date, time and place was sent to the appellant by email to the same email address by the solicitor for the first respondent.

4. At 10.30 am on 1 June 2018, the appeal commenced, and the appellant was called outside the court.  He did not appear. 

5. In the circumstances set out above, I am satisfied that the appellant had notice of the hearing date, time and place. 

6. Consequently, pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1) of the Federal Court Rules 2011 (Cth), the appeal is dismissed for failure of the appellant to appear. The appellant is to pay the costs of the first respondent fixed in accordance with r 40.43(3)(b) in the sum of $6,439.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:        1 June 2018