Singh v Minister for Immigration & Border Protection

Singh (the applicant) sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of his visa application. The applicant did not appear at the scheduled hearing before the Federal Circuit Court, and his application was dismissed by Emmett J pursuant to rule 13.03C(1)(c) of the *Federal Circuit Court Rules 2001* (Cth).

The central legal issue before the Court was whether the dismissal of the applicant's application for non-appearance was a valid exercise of the Court's power under rule 13.03C(1)(c). This rule permits the Court to dismiss an application if the applicant fails to appear at a hearing, unless the Court orders otherwise.

Emmett J reasoned that the applicant had been duly notified of the hearing date and time. In the absence of any explanation or application for adjournment, the Court was entitled to proceed with the dismissal of the application. The Court applied the principle that parties are expected to attend scheduled hearings and that failure to do so, without good reason, can lead to the dismissal of their case.

The application was dismissed.