AZU23 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2)
[2024] FedCFamC2G 397
•24 April 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
AZU23 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FedCFamC2G 397
File number(s): SYG 646 of 2023 Judgment of: JUDGE STREET Date of judgment: 24 April 2024 Catchwords: MIGRATION – application for review dismissed – no appearance by the applicants 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: 6 Date of hearing: 24 April 2024 Place: Sydney Applicants: No Appearance Solicitor for the Respondents: Ms A Wilford of Sparke Helmore Lawyers ORDERS
SYG 646 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: AZU23
First Applicant
BAC23
Second 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 dated 17 April 2023 are dismissed under rule 13.06 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
2.The applicants pay the first respondent’s further costs fixed in the 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
This is an application for review of a Registrar’s decision summarily dismissing the proceedings on 22 February 2024.
The originating application filed on 17 April 2023 for relief in the nature of a Constitutional writ in respect of the Administrative Appeals Tribunal (“the Tribunal”) dated 21 March 2023. The first applicant is a citizen of China and applied for a protection visa on 21 July 2019 having first arrived in Australia on 21 April 2015. The second applicant is her partner who was included in the protection application as a family member. In summary she claimed to fear harm as a Christian who was a member of an unofficial church which has been destroyed and the priest arrested.
On 18 August 2021 a Delegate refused the grant of the visa. On 11 November 2022 the Tribunal dismissed an application for review for failure to appear. That decision was confirmed by the Tribunal on 28 November 2022. On 19 December 2022 the applicants lodged a second application for review, which after sending a procedural fairness letter was dismissed for want of jurisdiction on 21 March 2023.
The applicants filed an application for review of the Registrar’s summary dismissal on 8 April 2024 and the matter was listed today for hearing. The applicants have not attended and has failed to appear in response to the hearing invitation sent to the applicants. The hearing invitation that was sent to the applicants’ correct email address has been marked Exhibit A.
The Court has also unsuccessfully endeavoured to contact the applicants on the mobile number identified on the application for review. The Court is satisfied that the applicants were properly notified of today’s of 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). 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 six (6) 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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