Abbas v Minister for Immigration and Multicultural Affairs
[2025] FedCFamC2G 1621
•2 October 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Abbas v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 1621
File number(s): PEG 95 of 2025 Judgment of: JUDGE STREET Date of judgment: 2 October 2025 Catchwords: MIGRATION - applicant has failed to appear - appropriate to exercise the Court’s powers under r 5.10(a) of the rules to dismiss the proceedings – proceedings dismissed. Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 Division: Division 2 General Federal Law Number of paragraphs: 3 Date of hearing: 2 October 2025 Place: Perth Solicitor for the Respondent: Ms B Rayment of Sparke Helmore Solicitor for the Applicant: The Applicant did not appear ORDERS
PEG 95 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MUSHRAF ABBAS
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
2 OCTOBER 2025
THE COURT ORDERS THAT:
1.The application is dismissed under r 5.10(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025.
2.The court orders the applicant to pay the first respondent’s costs fixed in the amount of $6,800.00.
3.The name of the first respondent is changed to the ‘Minister for Immigration and Citizenship’.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE STREET
On an application being made by the respondent in default of appearance of the applicant for the proceedings to be dismissed under rule 5.10(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (“the Rules”), the Court is satisfied that the applicant was notified of the hearing. The Court is satisfied that the applicant had been served and had been given notification to join the hearing. The Court received an email from the applicant sent at 1.21 pm on 1 October 2025, the day before the hearing and not copying in the respondent, purporting to assert that the applicant wanted an adjournment because his father had passed away a few weeks ago and asserting that he wasn't mentally prepared to attend.
The hearing was conducted by video or audio link. The sending of the email identifies that the applicant was aware of the hearing day. Had the applicant attended, the Court would have heard his adjournment application and weighed what it was that he said. The deliberate decision by the applicant to fail to attend and the sending of an email at the last moment is in all the circumstances a proper basis for the Court to exercise its discretion to dismiss the proceedings for a failure to appear under rule 5.10(a) of the Rules.
It is for these reasons the Court makes the above orders.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge Street. Associate:
Dated: 9 October 2025
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