AQZ18 v Minister for Immigration and Multicultural Affairs

[2025] FedCFamC2G 286

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

AQZ18 v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 286

File number(s):	SYG 380 of 2018
Judgment of:	JUDGE LAING
Date of judgment:	26 February 2025
Catchwords:	MIGRATION – non-appearance at hearing – request for an adjournment or leave to appear remotely made on the morning of the hearing – subsequent sending of medical documents without further explanation – application dismissed for non-appearance
Legislation:	Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.06 & 17.05
Division:	General
Number of paragraphs:	10
Date of hearing:	26 February 2025
Place:	Sydney
Applicant:	No appearance
Solicitor for the First Respondent:	Mr A Sharma, HWL Ebsworth Lawyers
Second Respondent:	Submitting notice, save as to costs

ORDERS

SYG 380 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

AQZ18

Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

ORDER MADE BY:	JUDGE LAING
DATE OF ORDER:	26 FEBRUARY 2025

THE COURT ORDERS THAT:

1.The name of the first respondent be amended to “Minister for Immigration and Multicultural Affairs”, dispensing with the need for filing any further document in this regard.

2.The application is dismissed pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

3.The applicant pay the first respondent’s costs fixed in the amount of $7,000.

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).

EX TEMPORE REASONS FOR JUDGMENT

JUDGE LAING:

1. Before the Court is an application for judicial review of a decision by the Immigration Assessment Authority (IAA). The IAA affirmed a decision of a delegate (Delegate) of the first respondent (Minister) refusing to grant the applicant a protection visa. 

2. The matter was listed for hearing before me this morning. Notification of this was sent to the parties by email on 24 December 2024. The email was sent to the applicant’s email address for service. Although the applicant appears to have been previously represented by a barrister on a direct access basis, the barrister in question passed away some time ago. A notation to orders made on 22 May 2024 indicates that the applicant has long been aware of this.

3. At 8.13am this morning, the applicant sent my Associate an email requesting a change of location of the hearing or, alternatively, permission to participate in the hearing by video or teleconference. The applicant’s email indicated that the applicant had been “unwell” for “the last few days” and would therefore have difficulties with travel.

4. My Associate responded to the email at 8.41am, advising that the applicant’s request for remote attendance had been granted and providing information regarding how the applicant may participate by Microsoft Teams or by telephone. 

5. At 9.58am, 2 minutes before the hearing, the applicant emailed to my Associate some medical records without further information or explanation. Those records indicate that the applicant has been diagnosed with depression, anxiety and stress. However, they do not establish that the applicant was unable to attend or meaningfully participate in the hearing today.

6. The applicant has not attended the hearing. An attempt to telephone the applicant has been unsuccessful.

7. In these circumstances, the Minister seeks dismissal of the application pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia(Division 2) (General Federal Law) Rules 2021 (Cth) (GFL Rules). I am satisfied that is an appropriate course.

8. The Minister also seeks an order that his name be amended to "Minister for Immigration and Multicultural Affairs" to reflect a change in name more generally. I will so order.

9. Lastly, the Minister seeks an order that the applicant pay his costs fixed in the amount of $7,000. I am satisfied that is an appropriate amount, having regard to the Court’s scale and the work performed in the matter. 

10. I note that, should the applicant wish to challenge these orders, then it would be open to him to seek reinstatement of the matter pursuant to r 17.05 of the GFL Rules.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Laing.

Associate:

Dated: 26 February 2025