FEDERAL COURT OF AUSTRALIA
Manage v Minister for Immigration and Border Protection [2015] FCA 161
IN THE FEDERAL COURT OF AUSTRALIA | |
CHAMINDA DINESH MARAKKALA MANAGE Applicant | |
AND: | MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent MIGRATION REVIEW TRIBUNAL Second Respondent |
DATE OF ORDER: | 23 February 2015 |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The application be dismissed with costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
VICTORIA DISTRICT REGISTRY | |
GENERAL DIVISION | VID 636 of 2014 |
BETWEEN: | CHAMINDA DINESH MARAKKALA MANAGE Applicant |
AND: | MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent MIGRATION REVIEW TRIBUNAL Second Respondent |
JUDGE: | PAGONE J |
DATE: | 23 february 2015 |
PLACE: | MELBOURNE |
REASONS FOR JUDGMENT
(Revised from Transcript)
1 This is an application in which the applicant seeks leave to appeal from a decision of the Federal Circuit Court of Australia made on 15 October 2014, in which Judge Riethmuller dismissed an application for judicial review of a decision of the Migration Review Tribunal. The Tribunal, on 12 February 2014, had upheld a decision of a delegate of the Minister not to grant the applicant a Skilled (Provisional) (Class VC) subclass 485 visa. The appeal was set to be heard today and has been called but the appellant has made no appearance. Rule 36.75 of the Federal Court Rules 2011 (Cth) permits the Court to dismiss the proceeding if a party is absent when the appeal is called on for hearing. The matter has been called on for hearing, as I have said, and the applicant is absent. The respondent has applied to have the proceeding dismissed on the basis that the applicant was not present.
2 In those circumstances, it is appropriate for me to make an order dismissing the proceeding. I am comforted in doing so having had the benefit of reading the submissions that have been filed by the respondent and having read the materials in the appeal book, which give me confidence that the proceeding is appropriate to be dismissed on the merits in any event. The orders will be to dismiss the proceeding with costs.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Pagone. |
