Jaffal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
[2022] FedCFamC2G 117
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Jaffal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 117
File number(s): SYG 3048 of 2017 Judgment of: JUDGE HUMPHREYS Date of judgment: 16 February 2022 Catchwords: MIGRATION – Administrative Appeals Tribunal – no appearance by the applicant – default judgment for non-appearance – application dismissed. Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), r.13.06 Division: Division 2 General Federal Law Number of paragraphs: 5 Date of last submission/s: 16 February 2022 Date of hearing: 16 February 2022 Place: Parramatta Solicitor for the Applicant: No appearance Solicitor for the Respondents: Ms Dunn ORDERS
SYG 3048 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: ALI JAFFAL
Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE HUMPHREYS
DATE OF ORDER:
16 FEBRUARY 2022
THE COURT ORDERS THAT:
1.The name of the First Respondent be changed to the Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs.
2.The application is dismissed.
3.The Applicant is to pay the First Respondent’s costs fixed in the sum of $5,600.00.
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
(As Revised from the Transcript)JUDGE HUMPHREYS
This is the matter of Ali Jaffal v the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. This matter was listed before this Court today, 16 February 2022, for hearing. The applicant has not appeared.
An application has been made that this matter be dismissed pursuant to rule 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (“the Rules”) on the basis that the applicant has failed to appear.
The Court has been provided with a copy of an email sent on Monday, 7 February 2022, at 2.58pm, to the applicant, referring to the above matter and advising him of the process by which he could attend the hearing via a Microsoft Teams link. The Court is also advised that the legal representative for the first respondent sent to the applicant a copy of their submissions, together with further details of this matter.
The Court is satisfied that the applicant is or should have been aware of the time, date and place of the hearing, and the manner by which he could attend, and that he has failed to appear. The Court notes that in this regard, that the applicant has not provided any telephone number and that chambers was unable to contact him as a result.
CONCLUSION
In all of the circumstances, the Court is satisfied that it is appropriate for this matter to be dismissed pursuant to rule 13.06(1)(c) of the Rules.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Humphreys. Deputy Associate:
Dated: 24 February 2022
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