Tonmoy v Minister for Home Affairs

[2018] FCCA 2667

FEDERAL CIRCUIT COURT OF AUSTRALIA

TONMOY v MINISTER FOR HOME AFFAIRS & ANOR [2018] FCCA 2667

Catchwords:
MIGRATION – Administrative Appeals Tribunal – application for a Student (Temporary) (class TU) visa – application dismissed under r.13.03C(1)(c) of the Rules.

Legislation:

Federal Circuit Court Rules 2001 (Cth), rr.13.03C(1)(c), 44.12

Migration Act 1958 (Cth), s.476

Applicant: GULAN EHATASHAM TONMOY

First Respondent: MINISTER FOR HOME AFFAIRS

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 903 of 2018

Judgment of: Judge Street

Hearing date: 6 August 2018

Date of Last Submission: 6 August 2018

Delivered at: Sydney

Delivered on: 6 August 2018

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents: Ms S Sangha
Mills Oakley

ORDERS

1. The application is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001.

2. The applicant pay the first respondent’s costs fixed in the amount of $3,667.00.

DATE OF ORDER: 6 August 2018

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 903 of 2018

GULAN EHATASHAM TONMOY

Applicant

And

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application for a Constitutional writ within the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) (“the Act”) in respect of a decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 6 March 2018 affirming a decision of the delegate not to grant the applicant a Student (Temporary) (class TU) visa.

2. These proceedings were commenced on 3 April 2018. On 26 April 2018, a Registrar made orders fixing the matter for a show cause hearing today under r.44.12 of the Federal Circuit Court Rules 2001 (Cth) (“the Rules”).

3. The matter has been called and the applicant has failed to appear. The first respondent has moved the matter to dealt with under r.13.03C(1)(c) of the Rules.

4. The first respondent has tendered in support a letter dated 27 July 2018, marked Exhibit 1 on the interlocutory application, and a copy of the short minutes and attached first court date information form, with the latter signed by the applicant which together have been marked Exhibit 2 on the interlocutory application.

5. The Court endeavoured to contact the applicant unsuccessfully on the telephone number identified on the affidavit in support of the application. I am satisfied the applicant was aware of the hearing date. I am satisfied this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Rules.

6. Accordingly, the proceedings are dismissed under r.13.03C(1)(c) of the Rules.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date:  14 November 2018