Singh v Minister for Home Affairs [2018] FCA 1726

FEDERAL COURT OF AUSTRALIA

Appeal from:	Application for leave to appeal: Singh v Minister for Home Affairs [2018] FCCA 1999

File number(s):	NSD 1391 of 2018

Judge(s):	FARRELL J

Date of judgment:	8 November 2018

Legislation:	Federal Court of Australia Act 1976 (Cth) s 25

Date of hearing:	8 November 2018

Registry:	New South Wales

Division:	General Division

National Practice Area:	Administrative and Constitutional Law and Human Rights

Category:	No Catchwords

Number of paragraphs:	5

Counsel for the Applicant:	The Applicant did not appear

Counsel for the First Respondent:	Ms A Carr

Solicitor for the First Respondent:	Sparke Helmore Lawyers

Counsel for the Second Respondent:	The Second Respondent submitted save as to costs

ORDERS

		NSD 1391 of 2018

BETWEEN:	SURJEET SINGH Applicant
AND:	MINISTER FOR HOME AFFAIRS First Respondent ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE:	FARRELL J
DATE OF ORDER:	8 November 2018

THE COURT ORDERS THAT:

1. The application for leave to appeal is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

2. The applicant must pay the first respondent’s costs as agreed or taxed.

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

REASONS FOR JUDGMENT

FARRELL J

1 This proceeding was scheduled for hearing at 2:15 pm today. In the awareness that the applicant had not appeared at that time, the Court convened at around 2:22 pm. At that time, the matter was called and the Court Officer reported no appearance from the applicant.

2 Counsel for the Minister has advised the Court that her instructing solicitor attempted to call the applicant at the number held by the Minister’s representative at 2:24 pm and 2:26 pm and the attempts failed when the calls were diverted to voicemail.

3 The Minister has supplied a copy of a letter dated 1 November 2018 advising Mr Singh that the matter was listed for hearing today at 2:15 pm. He was also advised that if he did not attend on that occasion that the Minister would seek orders from the Court that the matter be dismissed and that he pay the Minister’s legal costs of the proceedings.

4 Counsel for the Minister submitted that the Court should make an order under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the application for leave to appeal be dismissed for failure of the applicant to attend the hearing relating to his application. I am satisfied that it is appropriate to make that order.

5 I am also satisfied that it is appropriate to order that the applicant pay the Minister’s costs as agreed or taxed.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Farrell.

Associate

Dated: 12 November 2018

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