TAN v Minister for Immigration

[2013] FCCA 2368

FEDERAL CIRCUIT COURT OF AUSTRALIA

TAN v MINISTER FOR IMMIGRATION & ANOR [2013] FCCA 2368

Catchwords:
MIGRATION – Application for review of decision of the Migration Review Tribunal – no appearance by the applicant – application dismissed for non-appearance.

Legislation:

Migration Act 1958 (Cth), s.476.

Federal Circuit Court Rules 2001 (Cth), r.13.03C.

Applicant: SONG TAN

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: SYG 2052 of 2013

Judgment of: Judge Nicholls

Hearing date: 5 December 2013

Date of Last Submission: 5 December 2013

Delivered at: Sydney

Delivered on: 5 December 2013

REPRESENTATION

Applicant: No Appearance

Appearing for the Respondents Mr R. Ray

Solicitors for the Respondents Clayton Utz

ORDERS

1. The application made on 2 September 2013 is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth).

2. The applicant pay the first respondent’s costs set in the amount of $3,326.00.

3. Within 10 days of the making of these orders the Minister’s solicitors write to the applicant by letter, sent by registered post to the applicant’s address for service, notifying the applicant of these orders and of Rule 16.05 of the Federal Circuit Court Rules 2001 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2052 of 2013

SONG TAN

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Ex Tempore; Revised from Transcript)

1. I have before me an application pursuant to s.476 of the Migration Act 1958 (Cth) made on 02 September 2013, seeking review of the decision of the Migration Review Tribunal (“the Tribunal”) made on 7 August 2013, which affirmed the decision of the Minister’s delegate, to refuse to grant a Student (Temporary) visa to the applicant (“the visa”).

2. When the matter was called today, there was no appearance by the applicant. The matter was set down for hearing on 5 December 2013 at 10.15am. It is now 10 minutes past the relevant time. Mr R Ray appeared for the Minister. The Minister sought that the application be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

3. I am satisfied that the applicant had reasonable notice of the Court event today. I take into account the respondent’s Exhibit 1, a letter from the Court, dated 28 November 2013, notifying the applicant of the time, date and location of the Court event today.

4. I also take into account the applicant’s attendance at the first Court event for this matter, on 6 November 2013. The applicant appeared in person on that date, and was assisted by an interpreter in the Mandarin language. Therefore, the applicant was present when the orders were made by the Court, setting this matter down for hearing on at 10.15am on 5 December 2013. The applicant has not contacted the Court’s Registry to provide an explanation for her absence, or requesting an adjournment.

5. In these circumstances, it is appropriate that the application be dismissed, pursuant to r.13.03C(1)(c) of the Rules. I will make that order.

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

Associate: 

Date: 31 January 2014.