Song v Minister for Immigration & Border Protection

[2013] FCCA 2118

FEDERAL CIRCUIT COURT OF AUSTRALIA

SONG v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2013] FCCA 2118

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: JINGYA SONG

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 2012 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 H. Dejean
(Australian Government Solicitors)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2012 of 2013

JINGYA SONG

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 27 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. I note that the time and date of today’s directions hearing is clearly identified on the application filed by the applicant on 27 August 2013, and appeared to be signed by the applicant.

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

4. In the circumstances, the orders sought by the first respondent are appropriate and should be made.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  18 December 2013