DZL18 v Minister for Immigration and Citizenship
[2025] FedCFamC2G 1687
•10 October 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
DZL18 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1687
File number(s): SYG 2143 of 2018 Judgment of: JUDGE LAING Date of judgment: 10 October 2025 Catchwords: MIGRATION – non-appearance by or on behalf of the applicants after withdrawal by solicitor – limited engagement with the proceeding more generally – application dismissed for non-appearance – costs Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) rr 22.04, 25.14 Division: General Number of paragraphs: 13 Date of hearing: 10 October 2025 Place: Sydney Applicants: No appearance Solicitor for the First Respondent: Ms R Adler of Australian Government Solicitor Second Respondent: Submitting appearance, save as to costs ORDERS
SYG 2143 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: DZL18
First Applicant
DZM18
Second Applicant
DZN18 (and another named in the Schedule)
Third Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
IMMIGRATION ASSESSMENT AUTHORITY
Second Respondent
ORDER MADE BY:
JUDGE LAING
DATE OF ORDER:
10 OCTOBER 2025
THE COURT ORDERS THAT:
1.The application before the Court be dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
2.The first and second applicants pay the first respondent’s costs fixed in the amount of $7,500.
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 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
(Revised from transcript)JUDGE LAING:
Before the Court is an application for an extension of time in which to seek judicial review of a decision by the Immigration Assessment Authority (IAA) (as it was). The IAA affirmed a decision of a delegate of the first respondent (Minister) refusing to grant the applicants protection visas.
The matter was listed for hearing on 26 September 2025. In the lead up to the hearing, the Minister sought for the listing to be converted to a directions hearing. This was in circumstances where the applicants’ solicitor had advised that they had been unable to locate the applicants or obtain instructions from them. Submissions had last been filed in 2019. Those submissions referred to an amended application that had not been filed. A Notice of Intention to Withdraw had been filed by the applicants’ solicitor. However, there was insufficient time prior to the hearing for a Notice of Withdrawal to be filed in accordance with the Court’s rules.
As it was apparent that the hearing would be unable to proceed, the listing was converted to a directions hearing. At the listing, the applicants’ solicitor explained the difficulties that she had experienced in contacting her clients in the lead up to the hearing.
The matter was adjourned for a callover this morning. In the interim, a Notice of Withdrawal was filed by the applicants’ former solicitor.
The Minister relied upon an affidavit of Ruby Augusta Adler, affirmed this morning, evidencing various attempts to contact the applicants in relation to the listing today. The first appears to have been through an email sent on 2 October 2025, which was sent to the last known email address provided by the applicants’ former solicitor in the Notice of Intention to Withdraw. The same email address appears in the Notice of Withdrawal filed by the applicants’ former solicitor.
The correspondence sent by the Minister noted the listing this morning. It advised that if the applicants did not attend the listing today, then the Minister would seek for the application to be dismissed as well as an order that the applicants pay the Minister’s costs. The applicants did not respond to the Minister’s attempts at contact.
Having regard to the foregoing, I am satisfied that the applicants were on notice of the listing today. Consistent with the recent lack of engagement by the applicants with the proceeding, there has been no appearance for the applicants.
In these circumstances, the Minister sought dismissal for non-appearance pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) (GFL Rules). I am satisfied that is an appropriate course.
The Minster seeks costs, fixed in the amount of $8,500, against the first and second applicants. This is in circumstances where the third and fourth applicants are minors and the first applicant has been appointed as their litigation guardian. The Minister’s solicitor-client costs in the matter, totalling $12,538.50, were itemised as follows in a further affidavit of Ms Adler affirmed this morning:
3.1.Reviewing application and considering merits of application, attending to response - $2418.00
3.2.Preparing for and attendance at first court date on 23 August 2018, preparing for listing before Registrar Cridland on 20 August 2019 including the provision of consent orders resulting in its vacation - $336.00
3.3.Preparation of the Court Book - $578.00
3.4.Consideration of Applicant's written submissions and amended grounds of review and preparation of first respondent's written submissions and list of authorities - $3987.00
3.5.Considering effect of applicants' offshore status and preparing offshore affidavit - $861.00
3.6.Attempting to contact the Applicant's then representative, Ms Eshani, regarding whether she continued to act for the applicants, correspondence regarding progress of matter towards the hearing listing, correspondence regarding her intention to file a Notice of Intention to Withdraw as Lawyer; contacting the Court regarding the same - $1710.00
3.7.Attempting to contact the applicant regarding the directions hearing on 26 September 2025 - $246.50
3.8.Preparing for directions hearing on 26 September 2025 including preparation of affidavit of correspondence and proposed orders, appearing at directions hearing and reporting - $1511.50
3.9.Preparing for Callover on 10 October 2025 including attempting to contact the applicant and preparing affidavit of correspondence - $890.50
The amount sought by the Minister is higher than the amount provided for under the Court’s current scale and its predecessor regarding matters concluded other than through a final hearing. However, I accept that there is sufficient reason for departure from the scale and that the interests of justice warrant it in the particular circumstances of this case: see r 25.14(2) of the GFL Rules.
In particular, additional costs were incurred by the Minister in considering several new grounds raised through submissions prepared by the applicants’ former barrister and filed in 2019. Those submissions spanned 17 pages and raised multiple grounds of review. Further affidavit material appears to have been prepared relating to the applicants’ offshore status. Additional costs were incurred in endeavouring to resolve the question of the applicants’ continued representation and the procedural consequences of the applicants’ non-engagement with the matter.
I am satisfied that an order fixing costs in an amount above the scale ought to be made. However, I am not persuaded on the limited material before me that it should be fixed in the amount of $8,500. The matter did not ultimately require a hearing and I am not persuaded, on the material before me, that the legal or procedural complexity of the matter otherwise justifies the full amount sought. I consider that an amount of $7,500 would be more reasonable in all of the circumstance of this case.
Having regard to the foregoing, I will order that the application be dismissed pursuant to r 22.04(1)(a)(i) of the GFL Rules. I will order that the first and second applicants pay the Minister’s costs, fixed in the amount of $7,500.
I certify that the preceding thirteen (13) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Laing. Associate:
Dated: 15 October 2025
SCHEDULE OF PARTIES
SYG 2143 of 2018 Applicants
Fourth Applicant:
DZO18
0
0
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