Singh v Minister for Immigration & Border Protection

[2014] FCCA 314

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 314

Catchwords:
MIGRATION – Migration Review Tribunal.

PRACTICE & 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 Rules 2001 (Cth) r.13.03C

Applicant: MANJIT SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 2331 of 2013

Judgment of: Judge Emmett

Hearing date: 24 February 2014

Date of Last Submission: 24 February 2014

Delivered at: Sydney

Delivered on: 24 February 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitor for the Respondent: Mr Reuben Ray
(Clayton Utz)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2331 of 2013

MANJIT 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 that the proceeding before this Court, commenced by way of application filed on 1 October 2013, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) (“the Rules”) by reason of the failure of the applicant to appear at today’s scheduled First Court Date.

2. The application, filed on 1 October 2013, appears to be signed by the applicant. It clearly identifies the courtroom and the location of the courtroom and states that the time for today’s First Court Date is today at 12 pm. It is now 12.50pm. The applicant has been called outside on several occasions. The last being at 12.45. There has been no appearance by or on behalf of the applicant.

3. There has been no communication received from the applicant, either by this Court or the first respondent, seeking an adjournment of today’s First Court Date, or for any other reason.

4. In the circumstance, I am satisfied that the applicant was aware of today’s First Court Date and for whatever reason has chosen not to attend.

5. In the circumstances, I am satisfied that the orders sought by the first respondent are appropriate and should be made and the application filed on 1 October 2013 dismissed with costs.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate:

Date: 6 March 2014