HEM25 v Minister for Immigration and Citizenship

[2025] FedCFamC2G 1631

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

HEM25 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1631

File number(s):

MLG 2195 of 2025

Judgment of:

JUDGE CORBETT

Date of judgment:

30 September 2025

Catchwords:

MIGRATION – Extension of Time – Delay of eight years, six months and eleven days – Non-attendance of applicant – Extension of time dismissed pursuant to rr 5.08(c), 5.10(a) and 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

Legislation:

Migration Act 1958 (Cth) s 477(2)

Migration Regulations 1994 (Cth)

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) rr 5.08(c), 5.10(a) and 22.04(1)(a)(i)

Division:

Division 2 General Federal Law

Number of paragraphs:

10

Date of last submission/s:

30 September 2025

Date of hearing:

30 September 2025

Solicitor for the Applicant:

Self-represented, non-appearance

Solicitor for the Respondents:

Mr A Gardner, Mills Oakley

ORDERS

MLG 2195 of 2025

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

HEM25

Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE REVIEW TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE CORBETT
DATE OF ORDER:	30 SEPTEMBER 2025

THE COURT ORDERS THAT:

1.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), the application for an extension of time filed 23 June 2025 be dismissed; and

2.The applicant pay the first respondent’s costs and disbursements of and incidental to the proceedings, fixed in the sum of $4,533.02.

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).

REASONS FOR JUDGMENT
(Revised from transcript)

JUDGE CORBETT

1. These are the reasons for judgment delivered ex tempore on 30 September 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 an extension of time pursuant to s 477(2) of the Migration Act 1958 (Cth) to commence an application for judicial review. The time within which to commence an application for judicial review to this Court is 35 days from the date of the migration decision that is sought to be reviewed. The migration decision from which the applicant seeks judicial review in this case was made by the second respondent on 7 November 2016 (Decision). The application for judicial review was filed with this Court on 23 June 2025. The delay by the applicant in bringing this application for judicial review is eight years, six months and eleven days.

3. After filing the application for an extension of time, this proceeding was listed for directions on 10 July 2025 before a Registrar of this Court. On that occasion, the Registrar ordered that the applicant file and serve any amended application, written submissions and evidence in support of his claim for an extension of time by 29 August 2025. The applicant did not do so.

4. On 20 August 2025, a notice of listing was sent by the Registry of the Court to the last known address for service of the applicant, which was an email address. The notice nominated this day as the date of hearing of the application. On 23 September 2025, the solicitors for the first respondent filed an affidavit of service of Mr Gardner, which is exhibit ‘R2’ in this proceeding.

5. In that affidavit, Mr Gardner confirmed service of the Court Book, an outline of written submissions, and notification to the applicant confirming today's hearing date, time and place. On 28 September 2025, my chambers also sent an email to the last known email address for service of the applicant confirming the hearing today at 2.15pm, in person.

6. The time is now 2.45pm and the hearing was listed to commence at 2.15pm. I am satisfied that the applicant was notified of the time, place and date of this hearing at the address nominated as the applicant's address for service. 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. I also note that the applicant failed to appear before the Tribunal on the nominated hearing date on 4 November 2016.

7. In the circumstances, I am prepared to dismiss the proceeding pursuant to rr 5.08(c), 5.10(a) and 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

8. I am satisfied that costs should follow the event and that the amount sought by the solicitor for the Minister in the sum of $4,533.02 is fair and reasonable in the circumstances of this case. I will make the following orders.

   ORDERS

9. The application for extension of time filed 23 June 2025 be dismissed for non-appearance by the applicant.

10. The applicant pay the first respondent’s costs and disbursements, of and incidental to the proceedings, fixed in the sum of $4,533.02.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Corbett.

Associate:

Dated:       8 October 2025