ATX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
[2022] FedCFamC2G 68
Federal Circuit and Family Court of Australia
(DIVISION 2)
ATX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 68
File number(s): MLG 356 of 2017 Judgment of: JUDGE EGAN Date of judgment: 1 February 2022 Catchwords: MIGRATION – non-appearance of applicant when matter called on for hearing – order made for dismissal of proceeding by reason of the non-appearance of the applicant – orders accordingly. Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 13.06(1)(c) Division: Division 2 General Federal Law Number of paragraphs: 6 Date of last submission/s: 1 February 2022 Date of hearing: 1 February 2022 Applicant: No appearance by or on behalf of the Applicant Solicitor for the First Respondent: Mr Brown of Australian Government Solicitor Second Respondent: Submitting appearance save as to costs ORDERS
MLG 356 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: ATX17
Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
order made by:
JUDGE EGAN
DATE OF ORDER:
1 February 2022
IT IS ORDERED THAT:
1.The name of the First Respondent be amended to read “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.
2.The Originating Application for Review filed on 23 February 2017 be dismissed pursuant to provisions of 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 of and incidental to the Application for Review, fixed in the amount of $7,853.00.
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 EGAN:
This matter was called on for hearing today at 9.45 am AEST.
The applicant did not appear. The applicant was called three times outside the courthouse in Melbourne. There was no appearance subsequent to such a call.
It is noted by the court that on 12 October 2021, an order of the court was made whereby the matter was listed for hearing today at 9.45 am AEST. For the purpose of confirming that notice of today’s hearing had been conveyed to the applicant, I will mark as Exhibit 1 an email from my Associate to Mr Brown, who appears on behalf of the first respondent, and to the applicant, dated 12 October 2001. That email relevantly attached a copy of the orders that the court made on 12 October 20021.
I mark as Exhibit 2 an email from my Associate to the applicant and the first respondent dated 19 January 2022, whereby it was confirmed that the hearing was to be before the Court today at 9.45 am AEST.
Mr Brown has made application for the dismissal of the originating application for review pursuant to provisions of r. 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) by reason of the non-attendance of the applicant.
The Court accedes to the application made on behalf of the first respondent and so orders.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate: JM
Dated: 9 February 2022
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