Singh v Minister for Immigration, Citizenship and Multicultural Affairs

Sandeep Singh has applied for an extension of time to seek judicial review of a decision made by the Administrative Appeals Tribunal, which affirmed a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Temporary Work (Skilled) visa, pursuant to section 116 of the Migration Act 1958. The application is before the Federal Circuit and Family Court of Australia (Division 2) in Perth. There was no appearance by or on behalf of the applicant at the hearing today, and the Minister seeks an order that the application be dismissed, pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021. The Court found that the applicant had ample notice of the hearing and the requirements to file documents in accordance with the Court's Order, but failed to do so. The Court was satisfied that the applicant was properly notified of the hearing, and dismissed the application in the absence of the applicant.

The legal issue in this case was whether the Court should dismiss the applicant's application for an extension of time to seek judicial review, pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021. The Court found that the applicant had been properly notified of the hearing and the requirements to file documents in accordance with the Court's Order, but failed to do so. The Court noted that the applicant had been represented by a lawyer, who had indicated that he would appear at the hearing on behalf of the applicant, but did not provide any submissions or consent orders to the Court. The Court was satisfied that the applicant was properly notified of the hearing and dismissed the application in the absence of the applicant.

The Court dismissed the application for an extension of time to seek judicial review, pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021. The Court noted that the applicant had been properly notified of the hearing and the requirements to file documents in accordance with the Court's Order, but failed to do so. The Court also noted that the applicant's lawyer had indicated that he would appear at the hearing on behalf of the applicant, but did not provide any submissions or consent orders to the Court. The Court was satisfied that the applicant was properly notified of the hearing and dismissed the application in the absence of the applicant. The Court ordered that the name of the first respondent be changed to 'Minister for Immigration, Citizenship and Multicultural Affairs' and that the applicant pay the Minister's costs fixed in the amount of $4,189.38.