Singh v Minister for Home Affairs [2019] FCA 1215
The appellant failed to appear when the appeal was called on for hearing, his name was called three times without response, and the Court was satisfied that he had been properly notified of the hearing time and date; the appeal was therefore dismissed.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 05 August 2019
- Procedural Posture
- Migration Appeal / Appeal Hearing; Dismissed for Failure to Appear
- Outcome
- Appeal dismissed.
- Legal Topics
- ['dismissal of Appeal for Non Appearance' 'notification of Hearing' 'costs']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Migration Appeal / Appeal Hearing; Dismissed for Failure to Appear
Legal Issues
- 1 ['Whether the appeal should be dismissed when the appellant failed to appear at the hearing after being properly notified of the time and date.']
Ratio Decidendi
The appellant failed to appear when the appeal was called on for hearing, his name was called three times without response, and the Court was satisfied that he had been properly notified of the hearing time and date; the appeal was therefore dismissed.
Court Disposition
Appeal dismissed.
Orders
- ['The appeal is dismissed.' "The appellant pay the first respondent's costs of and incidental to the appeal."]
Full Case Text
Judgment text and source record
25 paragraphs
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Home Affairs [2019] FCA 1215 Appeal from: Singh v Minister for Home Affairs & Anor [2019] FCCA 249
File number(s): QUD 122 of 2019
Judge(s): GREENWOOD J
Date of judgment: 5 August 2019
Catchwords: MIGRATION – provision of reasons in relation to dismissing the appeal for transmission by the Court to the self-represented appellant and the solicitors for the first respondent
Date of hearing: 5 August 2019
Date of last submissions: 5 August 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 4
Counsel for the First Respondent: Ms A Wheatley
Solicitor for the First Respondent: Clayton Utz
ORDERS QUD 122 of 2019
BETWEEN: GULSHAN SINGH Appellant
AND: MINISTER FOR HOME AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 5 AUGUST 2019
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant pay the first respondent's costs of and incidental to the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
GREENWOOD J: 1 This appeal was called on for hearing this morning at 10.15am. 2 The appellant failed to appear at 10.15am. The Court is providing these brief reasons explanatory of the orders made today. The appellant's name was called three times outside the Court room. There was no response to the call. At 10.20am, the Court made orders dismissing the appeal on the ground that the appellant had failed to appear in prosecution of his appeal. 3 The appellant had been represented by Stephens & Tozer, Solicitors. The lawyer at the firm acting for the appellant was Mr Rodney Sahay. On 22 July 2019, Stephens & Tozer filed a notice of ceasing to act. On 23 July 2019, the Federal Court Registry sent an email to the appellant at his personal email address noting that Stephens & Tozer no longer acted for him and advising him of all of the relevant details in relation to the listing of the matter at 10.15am before the Federal Court today. 4 The Court being satisfied that the appellant was properly notified of the hearing of the appeal as to time and date, dismissed the appeal upon the failure of the appellant to appear. These reasons will be sent by email to the appellant and the solicitors for the first respondent. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.
Associate: Dated: 5 August 2019