Kaur v Minister for Immigration and Multicultural Affairs
[2024] FedCFamC2G 1028
•11 October 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Kaur v Minister for Immigration and Multicultural Affairs [2024] FedCFamC2G 1028
File number(s): SYG 2084 of 2020 Judgment of: JUDGE KAUR - BAINS Date of judgment: 11 October 2024 Catchwords: MIGRATION – administrative law – judicial review – visitor visa – discontinued by consent Legislation: Migration Act 1958 (Cth) s 477 Division: Division 2 General Federal Law Number of paragraphs: 16 Date of hearing: 11 October 2024 Place: Sydney Counsel for the Applicant: Appeared in person Solicitor for the First Respondent: Ms T Jackson of MinterEllison Solicitor for the Second Respondent: Submitting appearance save as to costs ORDERS
SYG 2084 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: DALJIT KAUR
Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE, APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE KAUR - BAINS
DATE OF ORDER:
11 OCTOBER 2024
THE COURT ORDERS THAT:
1.The name of the First Respondent is amended to Minister for Immigration and Multicultural Affairs.
2.The Application is discontinued by consent.
3.The Applicant pay the First Respondent’s costs and disbursements of and incidental to this application fixed in the amount of $5,900.
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
Judge Kaur-Bains
On 4 September 2020, the applicant filed an Application in this Court seeking judicial review of a decision by the second respondent (Tribunal) dated 11 August 2020 refusing a grant of Visitor (Class FA) (Tourist) (subclass 600) visa (visa). The applicant is a citizen of India.
This Court has jurisdiction to determine this matter pursuant to s476 of the Migration Act 1958 (Cth) (Act). The Application has been brought within the time set out in s 477 of the Act.
BACKGROUND
The applicant last arrived in Australia on 15 September 2017 as the holder of a visitor visa. She was subsequently granted four visitor visas consecutively, allowing her further stay in Australia until 18 January 2019. The applicant has remained in Australia continuously since her last arrival on 15 September 2017.
On 15 January 2019, the applicant applied for a Visitor Short Stay Visa (Tourist Visa) (CB 22).
On 1 February 2019, the delegate refused the visa application and notified the applicant of the refusal decision by way of email (CB 54).
On 18 February 2019, the applicant applied for review of the delegate's decision before the Tribunal and appointed a migration agent as her representative (CB 52-58).
On 6 July 2020, the Tribunal invited the applicant to attend a telephone hearing (CB 75-88).
On 6 August 2020, the applicant appeared before the Tribunal by telephone, assisted by her daughter, and a Punjabi interpreter (CB 100-103).
On 11 August 2020, the Tribunal affirmed the refusal decision of the delegate and notified the applicant of the said decision by email on 12 August 2020 (CB 104-113).
On 24 September 2020, Registrar Cridland issued standard timetabling orders in this matter for a show cause hearing date to be advised to the parties at a future date. On 24 July 2024, both parties appeared before Registrar Cummings by telephone at a Callover. The applicant was assisted at the Callover by a Punjabi interpreter. Registrar Cummings made additional timetabling orders, including that the applicant on or before 7 August 2024, file and serve any amended application with proper particulars, written submissions and any additional evidence. The applicant has not filed an amended application or any additional material.
On 4 October 2024, the Minister filed an Affidavit of Service evidencing service of the following:
(a)On 11 November 2020, a sealed copy of the Court Book to the applicant’s nominated email address.
(b)On 14 August 2024, a sealed copy of the Minister’s written submissions to the applicant’s nominated email address.
(c)On 19 September 2024, notifying the applicant of the hearing date to the applicant's nominated email address.
(d)On 27 September 2024, a sealed copy of the List of Authorities to the applicant’s nominated email address.
The Minister’s representatives emailed the Court on 8 October 2024 advising they had made numerous attempts to contact the applicant by way of telephone and email but were unsuccessful in communicating with the applicant.
PROCEEDINGS BEFORE THE COURT
The applicant appeared at the hearing by telephone assisted by a Punjabi interpreter. The applicant submitted she did not wish to proceed with her application.
The Minister consented to the applicant discontinuing the proceeding.
CONCLUSION
Accordingly, I make orders that the application is discontinued by consent.
COSTS
The Minister sought costs in the sum of $5,900 and contended that the sum was less than the fixed scale amount and also less than the actual costs incurred. In the circumstances, I am satisfied that costs in the sum of $5,900 are fair and reasonable.
I certify that the preceding sixteen (16) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Kaur - Bains. Associate:
Dated: 11 October 2024
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