Singh v Minister for Immigration & Border Protection

[2015] FCCA 707

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2015] FCCA 707

Catchwords:
MIGRATION – Migration Review Tribunal.

PRACTICE & PROCEDURE – Show cause hearing pursuant to r.44.12 of the Federal Circuit Court Rules 2001 (Cth) – 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) rr.13.03C, 44.12

Applicant: MANPREET SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 82 of 2015

Judgment of: Judge Emmett

Hearing date: 20 March 2015

Date of Last Submission: 20 March 2015

Delivered at: Sydney

Delivered on: 20 March 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitor for the Respondents: Mr Julian Pinder
(Minter Ellison)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 82 of 2015

MANPREET SINGH

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) (“the Rules”) that the proceeding before this Court, commenced by way of application filed on 14 January 2015, be dismissed by reason of the failure of the applicant to attend today’s scheduled hearing.

2. In support of the application, the solicitor for the first respondent, Mr Pinder, tendered a letter dated 5 March 2015, from the solicitor for the first respondent to the applicant, addressed to the applicant’s address for service in Australia. That letter was marked ‘Exhibit 1R’.

3. Exhibit 1R informs the applicant of the date, time and location of today’s scheduled hearing, and further informs the applicant that if the applicant fails to attend the hearing, then his matter may be dismissed with costs pursuant to the Rules of this Court.

4. On 26 February 2015, the applicant attended a directions hearing before a Registrar of this Court.

5. The applicant was given leave to file and serve an amended application giving complete particulars of each ground of review relied upon, together with any further evidence by way of affidavit, as well as submissions in support by 16 March 2015.

6. The Orders issued at the directions hearing also informed the applicant that in the event there was no appearance by or on behalf of him at the next scheduled court event, his application may be dismissed without further notice.

7. The matter was listed for a hearing today at 9:30am, pursuant to r.44.12 of the Rules and a copy of that rule given to the applicant.

8. It is now 9:54am. The matter has been called on at least two occasions outside the Court, the most recent being less than five minutes ago.

9. There has been no communication received by or on behalf of the applicant, either from the Court or the first respondent's solicitor, seeking an adjournment of today's hearing, or for any other reason.

10. Further, there have been no documents filed by the applicant in accordance with the directions of the Court made on 26 February 2015 or otherwise.

11. In the circumstances, I am satisfied that the applicant is aware of today's scheduled hearing and, for whatever reason, has chosen not to attend.

12. In the circumstances, I am satisfied that the orders sought by the first respondent are appropriate.

13. Accordingly, the proceeding before this Court, commenced by way of application filed on 14 January 2015, should be dismissed with costs pursuant to r.13.03C(1)(c) of the Rules by reason of the failure of the applicant to appear at today’s scheduled hearing.

I certify that the preceding thirteen (13) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:    30 March 2015