VAMSHI v Minister for Immigration

[2016] FCCA 1888

FEDERAL CIRCUIT COURT OF AUSTRALIA

VAMSHI v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 1888

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – Student (Temporary) (Class TU) visa – no appearance by or on behalf of the applicant – application dismissed for want of appearance.

Legislation:

Migration Act 1958 (Cth), s.476.

Federal Circuit Court Rules 2001, r.13.03C(1)(c).

Applicant: GONDHI VAMSHI

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 132 of 2016

Judgment of: Judge Street

Hearing date: 22 July 2016

Date of Last Submission: 22 July 2016

Delivered at: Sydney

Delivered on: 22 July 2016

REPRESENTATION

No appearance by or on behalf of the Applicant.

Solicitors for the Respondents: Mr A Markus
Australian Government Solicitor

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 costs of the First Respondent fixed in the amount of $3,606.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 132 of 2016

GONDHI VAMSHI

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

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) in respect of a decision the Tribunal made on 30 November 2015 affirming the decision of the delegate not to grant the applicant a Student (Temporary) (Class TU) visa.

2. On 17 March 2016, this matter was fixed for hearing today and the applicant has failed to appear.

3. The first respondent has moved for the applicant to be dismissed under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001  The first respondent has tendered a letter dated 18 July 2016 foreshadowing to the applicant that the application would be dismissed with costs if he failed to appear. 

4. The applicant was present at the time that the Registrar fixed the matter for hearing.  The Court is satisfied that the applicant was aware of the hearing date.  No explanation has been provided by the applicant to the Court or to the first respondent for the applicant’s failure to appear.

5. I am satisfied that this is an appropriate matter in which to exercise the Court’s powers under r.13.03C(1)(c) of the Federal Circuit Court Rules 2001. 

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

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

Date: 27 July 2016