GCD18 v Minister for Immigration and Multicultural Affairs

[2025] FedCFamC2G 358

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

GCD18 v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 358

File number(s):	MLG 3546 of 2018
Judgment of:	JUDGE CORBETT
Date of judgment:	6 March 2025
Catchwords:	MIGRATION – Protection (Subclass 866) visa - Application for judicial review – Where applicant failed to attend scheduled hearing – Application dismissed.
Legislation:	Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), r 13.06(1)(c)
Division:	Division 2 General Federal Law
Number of paragraphs:	12
Date of last submission/s:	6 March 2025
Date of hearing:	6 March 2025
Place:	Melbourne
Solicitor for the Applicant	The applicant did not appear
Solicitor for the Respondents	Ms S Liddy, Sparke Helmore Lawyers

ORDERS

MLG 3546 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

GCD18

Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE REVIEW TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE CORBETT
DATE OF ORDER:	6 MARCH 2025

THE COURT ORDERS THAT:

1.The name of the first respondent is amended to ‘Minister for Immigration and Multicultural Affairs’;

2.The name of the second respondent is amended to ‘Administrative Review Tribunal’;

3.The application for judicial review filed 23 November 2018 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); and

4.The applicant pay the first respondent's costs and disbursements of and incidental to the proceeding fixed in the sum of $5,000.00

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)

JUDGE CORBETT

1. These are the reasons for judgment delivered ex tempore on 6 March 2025, revised from transcript only to include extracts of cited documents and to make corrections of typographical errors or minor matters to reflect the intention of the Court.

2. The applicant seeks judicial review of the decision of the second respondent (Tribunal) made on 17 December 2015. The Tribunal affirmed a decision of a delegate of the first respondent (Minister) refusing to grant the applicant a Protection (Subclass 866) visa (visa).

3. The applicant is a citizen of Bangladesh and applied for the visa on 3 October 2014 seeking protection on the basis of persecution by reason of his sexuality.

4. On 23 November 2018, the application for judicial review was filed in this Court and listed for a directions hearing to be heard on 16 September 2020 before a Registrar of this Court.

5. On 16 September 2020, a Registrar of the Court made orders requiring the applicant to file and serve any further amended application and any further evidence at least 28 days prior to the date for hearing in this Court. The applicant did not file any documents in accordance with that order.

6. On 9 January 2025, a notice of listing was sent by the Registry of the Court to the applicant’s last known address for service of the applicant. The notice of listing nominated this day, 6 March 2025, as the date for hearing of the application and notified the applicant of the place and time at which the hearing would commence.

7. I am informed by the solicitor for the respondents, Ms Liddy, that there has been no contact from the applicant since the service of the outline of written submissions, prepared on behalf of the Minister on 20 February 2025. The affidavit of Amron Rath affirmed on 27 February 2025 confirms that a copy of the Court Book was served on the applicant together with an outline of submissions, the last of which was sent by email on 20 February 2025. There has been no response to that email.

8. I note for the sake of completeness that this proceeding was originally commenced by two applicants and that the first applicant filed a notice of discontinuance on 18 January 2025 after the matter was listed for hearing. I also note that on 14 February 2025, the solicitor who was acting on behalf of both respondents filed a notice of withdrawal and ceased to act on behalf of both applicants. That left only the second applicant as the applicant to this proceeding.

9. The time is now 10.42am and this matter was listed for hearing at 10.00am. There has been no appearance on behalf of the applicant. The matter has been called three times outside of the Court. I am satisfied that the applicant was notified of the time, place and date of this hearing at the address nominated in the applicant's last known address for service. I also note that an email was sent to the parties by my chambers on 25 February 2025 advising of the time and place of the hearing. I am also satisfied that the applicant's non-attendance has occurred in circumstances where the applicant was aware that an appearance in person was required.

10. Ms Liddy sought an order to dismiss proceedings based on 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) (Rules). In support of that application, Ms Liddy relied upon the affidavit of Amron Rath affirmed on 27 February 2025, marked exhibit “R1”, and the contents of the Court Book, marked exhibit “R2”.

11. In these circumstances, I am prepared to accept the submissions made on behalf of the Minister by Ms Liddy to dismiss this proceeding pursuant to r 13.06(1)(c) of the Rules and I will order that the applicant pay the first respondent’s costs and disbursements of and incidental to the application for review in the sum of $5,000.00.

12. I also note that the heading of the proceeding will need to be amended to reflect the current name of the first respondent to Minister for Immigration and Multicultural Affairs, and the name of the second respondent to Administrative Review Tribunal as a consequence of the passage of the Administrative Review Tribunal (Consequential and Transitional Provisions No 1) Act 2024 (Cth).

I certify that the preceding twelve (12) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Corbett.

Associate:

Dated:       13 March 2025