Singh v Minister for Immigration & Border Protection

[2013] FCCA 2123

FEDERAL CIRCUIT COURT OF AUSTRALIA

SINGH v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2013] FCCA 2123

Catchwords:
MIGRATION – Migration Review Tribunal.

PRACTICE & PROCEDURE – Non-appearance of applicant – application dismissed pursuant to r.13.03C(1)(c) of Federal Circuit Court Rules.

Legislation:
Federal Circuit Court Rules 2001 (Cth), r.13.03C(1)(c)

Applicant: JASMEET SINGH

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 2039 of 2013

Judgment of: Judge Emmett

Hearing date: 9 December 2013

Date of Last Submission: 9 December 2013

Delivered at: Sydney

Delivered on: 9 December 2013

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitor for the Respondents: Ms Michelle Stone
(DLA Piper)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2039 of 2013

JASMEET 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 30 August 2013, be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to appear at today’s scheduled First Court Date.

2. In support of that application, the solicitor for the first respondent tendered a letter, dated 10 September 2013, and marked “exhibit 1R.” Exhibit 1R is addressed to the applicant at the applicant’s address for service in Australia. I note that the address used is the only address provided to the Court for correspondence with the applicant.

3. Exhibit 1R advises the applicant that the matter is listed for a First Court Date hearing today at 2:00pm, and provides the address and location of the courtroom. Exhibit 1R also informs the applicant that if he does not attend, the respondent may seek to have the matter dismissed with costs for non-appearance.

4. I note that the applicant’s application, filed on 30 August 2013, clearly has the location of today’s courtroom, and the date and time of today’s hearing; that being today at 2:00pm.

5. It is now 2:32pm. The matter has been called outside.

6. I am also informed by the solicitor for the first respondent that she has had a conversation with the applicant and that the applicant is not intending to appear at today’s scheduled Court hearing.

7. In the circumstances, I am satisfied that the applicant was aware of today’s hearing and, for whatever reason, has chosen not to attend. 

8. Accordingly, the orders sought by the first respondent should be made. 

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:    18 December 2013