AKG23 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2)
[2024] FedCFamC2G 400
•24 April 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
AKG23 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FedCFamC2G 400
File number(s): SYG 251 of 2023 Judgment of: JUDGE STREET Date of judgment: 24 April 2024 Catchwords: MIGRATION – application for review dismissed – no appearance by the applicant Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) Division: Division 2 General Federal Law Number of paragraphs: 5 Date of hearing: 24 April 2024 Place: Sydney Applicant: No Appearance Solicitor for the Respondents: Ms A Wilford of Sparke Helmore Lawyers ORDERS
SYG 251 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: AKG23
Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
24 APRIL 2024
THE COURT ORDERS THAT:
1.The application for review and the application filed on 14 February 2023 are dismissed.
2.The applicant pay the first respondent’s further costs fixed in amount of $1,000.
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 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE STREET
These proceedings were commenced on 14 February 2023 by the applicant seeking judicial review in respect of the Administrative Appeals Tribunal (“Tribunal”) decision made on 1 February 2023 that the Tribunal had no jurisdiction. The matter was the subject of a summary judgment application before a Registrar and orders were made on 8 December 2023 summarily dismissing the proceedings as having no reasonable prospect of success. The applicant filed an application for review on 29 March 2024 and the matter was fixed for hearing today.
The applicant is a citizen of China who arrived in Australia on 19 October 2018 and applied for a protection visa on 17 February 2019 claiming to fear harm as a Falun Gong practitioner. On 21 July 2022 a delegate refused the grant of a visa. On 10 October 2022 the applicant applied for review and after a procedural fairness letter the Tribunal found the period for review ended on 17 August 2022 and that it did not have jurisdiction.
The matter has been called, and the applicant has failed to appear. The first respondent has tendered a communication that was sent to the applicant's correct email address, informing the applicant of the hearing date today, which has been marked exhibit A. The Court has also attempted, unsuccessfully, to contact the applicant on the mobile number identified on the applicant's application.
The Court is satisfied that the applicant was aware of today's hearing date. The Court is satisfied that this is an appropriate matter in which to exercise the Court's powers under rule 13.06 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), because of the failure of the applicant to appear. The first respondent is also accordingly entitled to a further costs order in respect of the application for review which has been dismissed, as the ordinary rule, that costs should follow the event, should be applied.
Accordingly, the Court makes the above orders.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Ex-Tempore Reasons for Judgment of Judge Street. Associate:
Dated: 3 May 2024
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