FEDERAL COURT OF AUSTRALIA Manage v Minister for Immigration and Border Protection [2015] FCA 161 Citation: Manage v Minister for Immigration and Border Protection [2015] FCA 161 Appeal from: Application for leave to appeal: Manage v Minister for Immigration & Anor [2014] FCCA 2759 Parties: CHAMINDA DINESH MARAKKALA MANAGE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL File number: VID 636 of 2014 Judge: PAGONE J Date of judgment: 23 February 2015 Catchwords: MIGRATION – Application for leave to appeal decision of Federal Circuit Court dismissing application for judicial review – where Tribunal upheld refusal to grant Skilled (Provisional) (Class VC) visa – no appearance by applicant. Legislation: Federal Court Rules 2011 (Cth) r 36.75 Date of hearing: 23 February 2015 Date of publication : 3 March 2015 Place: Melbourne Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 2 Counsel for the Applicant: The applicant did not appear Counsel for the Respondents: Ms N Bosnjak of Clayton Utz IN THE FEDERAL COURT OF AUSTRALIA 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 OF ORDER: 23 February 2015 WHERE MADE: MELBOURNE 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. IN THE FEDERAL COURT OF AUSTRALIA 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. Associate: Dated: 23 February 2015