Singh, Amarjit v Minster for Immigration & Multicultural Affairs [1998] FCA 767

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 211 of 1998

BETWEEN: AMARJIT SINGH

Applicant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

JUDGE(S): BRANSON J

DATE: 26 JUNE 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT (EX TEMPORE) HER HONOUR: I note that the applicant did not attend at Court on the first return date of this application, which date must have been known to him because it was endorsed on his application at the time of its filing. Subsequent correspondence sent to the address which he gave on the application has been returned to the respondent in circumstances that do not make it entirely clear whether the applicant was ever a resident at that address, although such circumstances give some reason to think that he was at least at some time known at that address. However, the sending of material to that address by post or by hand delivery no longer seems to be an effective way to communicate with the applicant. Although I am not satisfied that the applicant was aware of the date of today's hearing, there is reason to think that he is not presently seeking to pursue his application. With some reluctance, but being unable to identify any other sensible course, I dismiss the application pursuant to O 32 of the Federal Court Rules. I order that the applicant pay the respondent's costs. I note that Mr Markus, solicitor for the respondent, undertakes that his office will send a letter to the address shown on the applicant's application advising of today's order and advising that it is possible to make an application to the Court to set aside an order made in the absence of a party.

I certify that this and the preceding one (1) pages are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.