FEDERAL COURT OF AUSTRALIA

Gill v Minister for Immigration and Border Protection [2014] FCA 554

THE COURT ORDERS THAT:

1.    The appeal be dismissed.

2.    The appellant pay the costs of the first respondent.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

1    This is an appeal from the judgment of the Federal Circuit Court of Australia published as Gill v Minister for Immigration & Anor [2013] FCCA 2122. By that judgment, the primary judge considered an application for judicial review of a decision made by the Migration Review Tribunal. The primary judge dismissed the application with costs. The appellant (Mr Gill) appealed to this Court from that judgment.

2    As far as the Court is aware, Mr Gill is not legally represented. The appeal was listed for hearing commencing this morning at 10.15 am. When the matter was called on for hearing there was no appearance by Mr Gill.

3    I am satisfied that Mr Gill has been made aware of the hearing date for the appeal and the consequences which may arise from his non-attendance at the hearing. Those consequences include the possibility that his appeal will be dismissed. I am satisfied that due notice of those matters has been provided to Mr Gill, including by correspondence from the first respondent’s solicitors to Mr Gill of 27 March 2014 and of 19 May 2014.

4    As was outlined by Gray J in Al Mamun v Minister for Immigration and Citizenship [2011] FCA 1394 at [10], there are three possible courses open to me owing to the non-appearance of the appellant. I could adjourn the hearing of the appeal and provide Mr Gill with a further opportunity to attend at a later time. I could exercise a power given to the Court by s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal for the failure of Mr Gill to attend the hearing. Alternatively, I could proceed to attempt to deal with the appeal on its merits in the absence of Mr Gill.

5    For the reasons given at [11] to [13] by Gray J, I take the view that in the circumstances the interests of justice would be best served by making an order dismissing the appeal on the ground of the failure of Mr Gill to attend the hearing.

6    Accordingly, I will make an order dismissing the appeal and a further order that Mr Gill pay the first respondent’s costs.

Associate:

Dated:    28 May 2014