Darupareddy v Minister for Immigration, Citizenship and Multicultural Affairs
[2022] FedCFamC2G 510
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Darupareddy v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 510
File number(s): MLG 2684 of 2017 Judgment of: JUDGE LUCEV Date of judgment: 23 June 2022 Catchwords: MIGRATION – Application for judicial review – decision of Administrative Appeals Tribunal – citizen of India – Student (Temporary) (class TU) Higher Education Sector (subclass 573) visa – decision to affirm cancellation of 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
Migration Act 1958 (Cth) s 362B
Division: Division 2 General Federal Law Number of paragraphs: 5 Date of hearing: 23 June 2022 Place: Perth Applicant: No appearance by or for the Applicant Counsel for the First Respondent: Ms M Stone by phone via CISCO Webex Solicitor for the First Respondent: Australian Government Solicitor Second Respondent: Submitting appearance, save as to costs ORDERS
MLG 2684 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: AVINASH DARUPAREDDY
Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE LUCEV
DATE OF ORDER:
23 JUNE 2022
THE COURT ORDERS THAT:
1.The name of the First Respondent be amended to read, “Minister for Immigration, Citizenship and Multicultural Affairs”.
2.The originating application filed on 8 December 2017 be dismissed for non-appearance pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2021 (Cth).
3.The Applicant pay the First Respondent’s costs in the sum of $3000 by 23 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 transcript)JUDGE LUCEV
This is an application for judicial review of a decision by the Administrative Appeals Tribunal (“Tribunal Decision”) to dismiss an application for review pursuant to s 362B(1A)(b) of the Migration Act 1958 (Cth) for non-appearance. The application was filed in the Melbourne Registry of this Court on 8 December 2017.
Orders were made by Registrar Allaway on 22 August 2018 in the Melbourne Registry setting in place certain procedural orders and an order for a hearing to be heard on a date to be advised before Judge Riethmuller in Melbourne. No date for a hearing before Judge Riethmuller was advised. The application was re-allocated to the Registry of the Court in Perth in early November 2021, and, on 15 November 2021 a directions hearing was held at which the matter was listed for final hearing today.
Orders were also then made for costs to be reserved, and a note was appended to the orders made on 15 November 2021 that if the applicant did not appear at the final hearing today that the originating 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 notes that the applicant did not appear at the directions hearing on 15 November 2021.
The Court is satisfied that the notice of the listing for the directions hearing for 15 November 2021, the subsequent orders listing the matter for final hearing today and notices of listing and advice as to how to dial in to the videolink final hearing today, separately sent prior to both the directions hearing and today’s final hearing have been sent to the email address for service which was provided by way of a Notice of Address for Service on 22 August 2018 by the applicant, that being the date the order was made by Registrar Allaway. The Court notes that the applicant has not appeared again today: he has not dialled into the videolink and calls to his mobile telephone were not answered, and the Minister 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 $3000.
In the above 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: 24 June 2022
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