VISHAL v Minister for Immigration

[2015] FCCA 2269

FEDERAL CIRCUIT COURT OF AUSTRALIA

VISHAL v MINISTER FOR IMMIGRATION & ANOR [2015] FCCA 2269

Catchwords:
MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – no appearance by the applicant – application dismissed pursuant to r.13.03C(1)(c).

Legislation:

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

Migration Act 1958 (Cth), s.476

Applicant: VISHAL VISHAL

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 1164 of 2015

Judgment of: Judge Street

Hearing date: 21 August 2015

Date of Last Submission: 21 August 2015

Delivered at: Sydney

Delivered on: 21 August 2015

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondents: Mr D McLaren
Minter Ellison

ORDERS

1. The name of the second respondent be amended to the Administrative Appeals Tribunal and the filing of any further document in this regard is dispensed with.

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

3. The applicant pay the first respondent’s costs fixed in the amount of $6000

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1164 of 2015

VISHAL VISHAL

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

1. This is an application in the Court’s jurisdiction under s.476 of the Migration Act 1958 (Cth) for a Constitutional writ in respect of decision of the Tribunal affirming decision of the delegate not to grant the applicant a Partner (Temporary) (Class UK) visa. The matter was fixed for hearing today at 10.15am and has been called and the applicant has not appeared. It is now past 10.30am and the applicant has still not appeared. The matter was fixed for hearing on 4 June 2015 and orders were made for the applicant to file any amended application, any affidavit evidence and/or submissions in accordance with the timetable. No such documents were filed by the applicant.

2. A copy of the Court’s order was provided to the applicant on 4 June 2015, recording the fixing of the matter for hearing today. The first respondent moves under r.13.03C(1)(c) for the dismissal of the application. I am satisfied that the applicant was well aware of the hearing date and that this is an appropriate case in which to exercise the said power. The application is dismissed under r.13.03C(1)(c).

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Street

Associate: 

Date: 24 August 2015