YASMIN v Minister for Immigration
[2010] FMCA 533
•31 May 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| YASMIN v MINISTER FOR IMMIGRATION & ANOR | [2010] FMCA 533 |
| MIGRATION – Review of Migration Review Tribunal decision – summary dismissal for failure to appear at final hearing. |
| Federal Magistrates Court Rules 2001, rr.13.03C, 16.05 |
| Applicant: | NELUFA YASMIN |
| First Respondent: | MINISTER FOR IMMIGRATION & CITIZENSHIP |
| Second Respondent: | MIGRATION REVIEW TRIBUNAL |
| File Number: | SYG 294 of 2010 |
| Judgment of: | Cameron FM |
| Hearing date: | 31 May 2010 |
| Date of Last Submission: | 31 May 2010 |
| Delivered at: | Sydney |
| Delivered on: | 31 May 2010 |
REPRESENTATION
| Solicitors for the Applicant: | No appearance |
| Counsel for the First Respondent: | Mr T. Reilly |
| Solicitors for the Respondents: | Sparke Helmore |
ORDERS
Pursuant to r.13.03C(1)(c), the application be dismissed.
The applicant pay the first respondent’s costs fixed in the amount of $4,300.
The first respondent advise the applicant of these orders and the terms of r.16.05 of the Rules of Court.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 294 of 2010
| NELUFA YASMIN |
Applicant
And
| MINISTER FOR IMMIGRATION & CITIZENSHIP |
First Respondent
| MIGRATION REVIEW TRIBUNAL |
Second Respondent
REASONS FOR JUDGMENT
This matter is listed today for final hearing of the applicant’s application for judicial review of a decision of the Migration Review Tribunal (“Tribunal”) and its decision to affirm the decision of the delegate of the first respondent (“Minister”) to refuse her a Skilled – Independent Overseas Student (Residence) subclass 880 visa.
The matter was listed for hearing today at a directions hearing on 8 March 2010. Earlier today, the applicant sent a letter to the Court advising that she was sick and unable to attend the hearing, inviting the Court to make a decision on the basis of her written submissions. Attached to the letter from the applicant is a medical certificate dated 11 May 2010 stating that she had been an in-patient at the Prince of Wales and Sydney Children’s Hospitals from 7 May 2010 until 11 May 2010 and that she was “unfit to resume duties/school” for three weeks.
It might be noted that three weeks from 11 May is just slightly beyond today. The injury referred to in the medical certificate appears to be an injury to an arm and it is not apparent why such an injury would make the applicant unable to attend Court today to present her arguments. In the circumstances, I am not satisfied that the applicant’s reasons for non-attendance today are adequate or that she has given any proper excuse for not attending.
In the circumstances, I consider that it is appropriate that the matter be dismissed by reason of her failure to attend. In the event that the applicant considers that this is a matter which should be reviewed, then such an order always gives her the opportunity to seek to re-list the matter to demonstrate why she was truly unwell today and unable to present her case and then seek to present the case in its substantive form. In the circumstances, therefore, I accede to the Minister’s application to dismiss the proceedings pursuant to r.13.03C(1)(c).
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Cameron FM
Associate:
Date: 30 July 2010
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