VARADHA v Minister for Immigration

[2015] FCCA 1162

FEDERAL CIRCUIT COURT OF AUSTRALIA

VARADHA v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 1162

Catchwords:
MIGRATION – Judicial review of a decision of the Migration Review Tribunal –applicant fails to attend – application dismissed.

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: RAGHAVENDRA VARADHA

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: MIGRATION REVIEW TRIBUNAL

File Number: ADG 168 of 2014

Judgment of: Judge Simpson

Hearing date: 30 January 2015

Date of Last Submission: 30 January 2015

Delivered at: Adelaide

Delivered on: 30 January 2015

REPRESENTATION

The Applicant: In person

Solicitors for the Respondents: Ms C Stokes for the Australian Government Solicitors

ORDERS

1. The application filed 19 May 2014 is dismissed pursuant to r.13.03C of the Federal Circuit Court Rules 2001 (Cth).

   The applicant do forthwith pay the first respondent’s costs fixed in the sum of $6,646.00.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADG 168 of 2014

RAGHAVENDRA VARADHA

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

(Reasons settled from transcript)

1. I have before me an application for judicial review of a decision of the Migration Review Tribunal under s.476 of the Migration Act 1958 (Cth).

2. The Tribunal affirmed a decision of the Delegate of the First Respondent not to grant the Applicant a Student Temporary (Class TU) visa.

3. The applicant filed his application on 22 January 2015 and interim orders were made before Registrar Bochner.  The Applicant appeared on 20 June 2014.  Registrar Bochner made an order that the matter be listed for hearing on 30 January 2015 at 2.15pm.

4. The applicant’s name was called three times soon after 2.15pm today, and the applicant has failed to appear. 

5. In the circumstances, it would appear that the applicant has lost interest in the litigation.  On that basis, I propose to dismiss the application.

6. I make the orders to be found at the beginning of these reasons.

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

Associate: 

Date: 6 May 2015