FJS17 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2)

[2023] FedCFamC2G 204

Federal Circuit and Family Court of Australia

(DIVISION 2)

FJS17 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FedCFamC2G 204

File number(s):	SYG 3814 of 2017
Judgment of:	JUDGE MANOUSARIDIS
Date of judgment:	9 March 2023
Catchwords:	PRACTICE AND PROCEDURE – whether any action required in relation to matters raised in reasons for judgment published on 2 February 2023 – no further action required.
Legislation:	Freedom of Information Act 1982 (Cth)
Cases cited:	FJS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FedCFamC2G 55
Division:	General
Number of paragraphs:	4
Date of hearing:	9 March 2023
Place:	Sydney
The Applicant:	No appearance by, or on behalf of, the applicant
Counsel for the Applicant:	Mr A Silva for himself, by telephone
Solicitor for the First Respondent:	Mr R Terrell of Australian Government Solicitor, by telephone

ORDERS

SYG 3814 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

FJS17

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

order made by:	JUDGE MANOUSARIDIS
DATE OF ORDER:	9 march 2023

THE COURT ORDERS THAT:

1.No action is required or warranted in relation to the matters raised in paragraph 39 of the reasons for judgment published on 2 February 2023.

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

(Revised from transcript)

1. On 2 February 2023 I pronounced orders and delivered reasons for judgment in this matter.[1] In paragraph 40 of my reasons for judgment, I invited Mr Silva, who acted for the applicant, to file and serve submissions and evidence in relation to the questions I set out in paragraph 39 of my reasons; and I set the matter down for the purpose of hearing submissions on those questions at 10:15 am on 9 March 2023. Mr Silva emailed to my Associate detailed submissions, and evidence in response to the questions set out in paragraph 39 of my reasons for judgment; and he has appeared today.

   [1] FJS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FedCFamC2G 55

2. At the outset of today’s hearing, I informed Mr Silva that I had read his submissions and affidavit and that, unless he wishes to make any further submissions orally, I did not wish to hear anything from him. I then indicated to Mr Silva that I proposed to deliver short reasons to record the matters which I will now proceed to record in these reasons.

3. First, I am satisfied that Mr Silva had indeed made two requests under the Freedom of Information Act 1982 (Cth). Second, I am satisfied that, in light of the material and written submissions Mr Silva has supplied, the circumstances do not suggest any dishonesty or any sharp practice. Third, on the basis of the matters that Mr Silva has set out in his affidavit and submissions, I am satisfied that no further action on my part would be warranted, and I propose to take no further action.

4. I will therefore order that no action is required or warranted in relation to the matters raised in paragraph 39 of the reasons for judgment I published on 2 February 2023.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Manousaridis.

Associate:

Dated:       16 March 2023