Chumroo v Minister for Immigration, Citizenship and Multicultural Affairs
[2022] FedCFamC2G 511
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Chumroo v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 511
File number(s): ADG 511 of 2019 Judgment of: JUDGE LUCEV Date of judgment: 24 June 2022 Catchwords: MIGRATION – Application for judicial review – decision of Administrative Appeals Tribunal – citizen of Mauritius - Temporary Business Entry (class UC) Temporary Work (Skilled) (subclass 457) visa – decision to refuse visa
PRACTICE AND PROCEDURE – Where no appearance by applicant – where applicant has active or current contact details with the Court – where applicant did not appear at directions hearing – where applicant has made no contact with the Court – where multiple calls made to existing contact number – dismissal for non-appearance
Legislation: Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2021 (Cth) r 13.06 Division: Division 2 General Federal Law Number of paragraphs: 5 Date of hearing: 24 June 2022 Place: Perth Applicants: No appearance by or for the Applicants Counsel for the First Respondent: Ms M Pappas by phone via CISCO Webex Solicitor for the First Respondent: Australian Government Solicitor Second Respondent: Submitting appearance save as to costs ORDERS
ADG 511 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MARIE FRANCINE RACHEL CHUMROO
First Applicant
FREDERIC JEROME CHUMROO
Second Applicant
CONRAD JEROME CHUMROO (and others named in the Schedule)
Third Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE LUCEV
DATE OF ORDER:
24 JUNE 2022
THE COURT ORDERS THAT:
1.The First Respondent’s name be amended to read “Minister for Immigration, Citizenship and Multicultural Affairs”.
2.The extension of time application filed on 16 December 2019 be dismissed for non-appearance 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 in the sum of $3,930 by 24 July 2022.
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
(Delivered ex tempore and revised from the transcript)JUDGE LUCEV
This is an application for an extension of time in which to file an application for judicial review of a decision by the Administrative Appeals Tribunal (“Tribunal Decision”), made under s 477(2) of the Migration Act 1958 (Cth). The Tribunal Decision was one which affirmed the decision of the delegate of the First Respondent (“Minister”) to refuse the applicant’s application for a Temporary Business Entry (class UC) Temporary Work (Skilled) (subclass 457) visa. The Court will refer to the applicants by reference to the first applicant as “applicant”, as the other applicants’ visas are dependent upon the grant of the applicant’s visa.
The extension of time application was filed in the Melbourne Registry of this Court on 16 December 2019. Orders were made by Registrar Carlton on 20 March 2020 in the Adelaide Registry setting in place certain procedural orders and an order for a hearing to be heard on a date to be advised. No date for a hearing was advised until the application was reallocated to the Registry of the Court in Perth in May 2022, and on 27 May 2022 a directions hearing was held at which the matter was listed for further directions today; the applicant having failed to appear at the directions hearing on 27 May 2022, and having failed to respond to calls to her mobile telephone.
Orders were also made on 27 May 2022 for costs to be reserved, and a note was appended to the orders made that if the applicant did not appear at the directions hearing today that the extension of time application may be dismissed for non-appearance 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”).
The Court is satisfied that the notice of the listing for the directions hearing for 127 May 2022, the subsequent orders listing the matter for further directions hearing today and notices of listing and advice on how to dial in to the video link for the directions hearing separately sent prior to both directions hearings have been sent to the email address for service which was provided in the extension of time application. The Court notes that the applicant has not appeared again today and has not responded in that regard to an invitation to dial in to the hearing by video link which was sent a few days ago and has not responded to two calls to her mobile telephone number.
The Minister therefore seeks orders for the application to be dismissed pursuant to r 13.06(1)(c) of the GFL Rules and costs in the sum of $3,930 in accordance with the relevant part of the relevant schedule to the GFLRules. In those circumstances, the Court is satisfied that the orders sought by the Minister are appropriate, and those orders will be made together with an order for a name change for the Minister.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Lucev. Associate:
Dated: 27 June 2022
SCHEDULE OF PARTIES
ADG 511 of 2019 Applicants
Fourth Applicant:
CASSANDRA MARIA CAMERON CHUMROO
Fifth Applicant:
CALVIN FREDERIC CHUMROO
Sixth Applicant:
CORY CHAD CHUMROO
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