GBW24 v Minister for Immigration and Citizenship
[2025] FedCFamC2G 1134
•16 July 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
GBW24 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1134
File number: PEG 301 of 2024 Judgment of: JUDGE LADHAMS Date of judgment: 16 July 2025 Catchwords: PRACTICE AND PROCEDURE – where the applicant failed to appear at a listing before the Court relating to his judicial review application – application dismissed pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 13.06, 17.05 Division: Division 2 General Federal Law Number of paragraphs: 10 Date of hearing: 16 July 2025 Place: Perth Applicant: No appearance by or for the applicant Counsel for the First Respondent: Ms A Tyagi Second Respondent: Submitting appearance, save as to costs Solicitor for the Respondents: MinterEllison ORDERS
PEG 301 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: GBW24
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE LADHAMS
DATE OF ORDER:
16 JULY 2025
THE COURT ORDERS THAT:
1.The name of the first respondent is amended to ‘Minister for Immigration and Citizenship’.
2.The application is dismissed 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).
3.The applicant is to pay the first respondent’s costs of the application, fixed in the amount of $5,900.
THE COURT NOTES THAT:
A.In circumstances where these orders were made in the absence of the applicant, the applicant may apply to the Court to set aside the orders pursuant to r 17.05(2)(a) of the GFL Rules.
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 LADHAMS:
This matter is listed before me today for hearing of the applicant’s application for judicial review of a decision that the Administrative Appeals Tribunal made on 2 August 2024, affirming a decision not to grant the applicant a protection visa. The matter was listed for an in-person hearing at 10:00am. At that time, my associate advised me that there was no appearance by the applicant, so I deferred calling the hearing for 15 minutes. When the matter was called, there was no appearance by or for the applicant.
Counsel for the Minister made an oral application for the applicant’s application to be dismissed 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 applicant was notified of the listing for hearing by way of an email sent from my chambers on 17 February 2025. That email has been received into evidence and marked as exhibit 1. The email that is exhibit 1 was sent to the applicant at the email address recorded in his application and affidavit, both filed on 14 August 2024, and is the most recent email address for service provided by the applicant to the Court. Exhibit 1 clearly set out the time and date for the hearing and advised the applicant that the hearing would take place in person. Exhibit 1 also put the applicant on notice that if he failed to appear at the hearing, the application may be dismissed for non-appearance pursuant to r 13.06(1)(c) of the GFL Rules.
I also have in evidence before me an affidavit of Aneesha Satyendra filed on 9 July 2025 on behalf of the Minister. That affidavit annexes correspondence sent to the applicant by email by the Minister's lawyer on 3 July 2025. That correspondence reminded the applicant of the hearing today and put him on notice that the Minister may apply for the application to be dismissed with costs if he does not appear at the hearing.
I am satisfied that the applicant was properly notified of the listing for the hearing today and that he was notified of the potential consequences for failing to appear. As indicated already, when the matter was called there was no appearance by or for the applicant. My associate called the matter outside the courtroom three times and there continued to be no appearance by or for the applicant. As indicated, that was after I deferred the start time of the hearing for 15 minutes.
There is nothing before me today to indicate that the applicant has attempted to communicate with the Court in any way and there is nothing before me to explain why he has not appeared.
I am satisfied that the applicant has failed to appear at the hearing today and that there is no apparent explanation before the Court in relation to that non-appearance. In circumstances where the applicant has been properly notified of the hearing and without any apparent reasonable explanation has failed to appear at the hearing, I am satisfied that it is appropriate to dismiss the application for non-appearance pursuant to r 13.06(1)(c) of the GFL Rules.
I note that in circumstances where the Court is making orders to dismiss the application in the absence of the applicant, the applicant may apply to the Court for the orders to be set aside pursuant to r 17.05(2)(a) of the GFL Rules. If the Court were to make such an order, that would have the effect of reinstating the application.
The Minister seeks two further orders in this matter. One is an order to change the name of the Minister to ‘Minister for Immigration and Citizenship’. I am satisfied that such an order is appropriate, having regard to the change in the Minister’s title since this application was last before the Court.
The Minister also seeks an order that the applicant pay the Minister’s costs of the application fixed in the amount of $5,900. I note that this is less than the amount set out in the scale in the GFL Rules for matters finalised at a final hearing and appears to be a fair reflection of the work required to be done by the Minister in relation to this matter. I am satisfied that the costs order sought by the Minister is appropriate.
I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Ladhams. Associate:
Dated: 21 July 2025
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