Singh v Minister for Home Affairs

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.

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.