SOKHI v Minister for Immigration

Case

[2013] FCCA 1042

1 August 2013


FEDERAL CIRCUIT COURT OF AUSTRALIA

SOKHI v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 1042
Catchwords:
MIGRATION – No appearance.

Legislation:

Federal Circuit Court Rules 2001, Part 13, Rule 13.03C(1)(c)

Applicant: SOKHI
First Respondent: MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP
Second Respondent: MIGRATION REVIEW TRIBUNAL
File Number: SYG 45 of 2013
Judgment of: Judge Raphael
Hearing date: 1 August 2013
Date of Last Submission: 1 August 2013
Delivered at: Sydney
Delivered on: 1 August 2013

REPRESENTATION

For the Applicant: No appearance
Solicitors for the First Respondent: Australian Government Solicitor

ORDERS

  1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.

  2. The Applicant is to pay the First Respondent’s costs assessed in the sum of $2,000.00.

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 45 of 2013

PAWANDEEP SINGH SOKHI

Applicant

And

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND ANOR

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

  1. This matter first came before the court on 25 July 2013. The applicant did not attend. It was stood over until today so that he might have an opportunity of attending if he wished but he does not seem to have availed himself of that opportunity. He was not here at 9.30a.m. the appointed time, nor was he here when his name was called outside the court at 9.37a.m.. In those circumstances I propose to dismiss the application pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001.

  2. The applicant is to pay the first respondent’s costs assessed in the sum of $2,000.00.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Raphael

Associate: 

Date:  9 August 2013

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Jurisdiction

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