Kumar v Minister for Immigration and Multicultural Affairs (No 2)
[2024] FedCFamC2G 1175
•23 October 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Kumar v Minister for Immigration and Multicultural Affairs (No 2) [2024] FedCFamC2G 1175
File number(s): MLG 1574 of 2023 Judgment of: JUDGE CORBETT Date of judgment: 23 October 2024 Catchwords: MIGRATION - Application for judicial review of Registrar’s decision- student visa – where applicant failed to attend – application dismissed. Legislation: Migration Act 1958 (Cth), s 476
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), rr 13.06(1)(c), 13.13(a), 21.2
Division: Division 2 General Federal Law Number of paragraphs: 9 Date of last submission/s: 23 October 2023 Date of hearing: 23 October 2023 Place: Melbourne Solicitor for the Applicant The Applicant did not appear Solicitor for the Respondents Ms Ali ORDERS
MLG 1574 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: AMIT KUMAR
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE CORBETT
DATE OF ORDER:
23 OCTOBER 2024
THE COURT ORDERS THAT:
1.The application for review of the decision of the Registrar’s decision filed 19 September 2024 is dismissed pursuant to r 13.06(1)(c) of the Federal Circuit andFamily Court of Australia (Division 2) (General Federal Law) Rules 2021.
2.The applicant pay the first respondent’s costs and disbursements of and incidental to the application for review of the Registrar’s decision fixed in the sum of $2,300.00.
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).
EX TEMPORE REASONS FOR JUDGMENT
(revised from transcript)JUDGE CORBETT
These are the reasons for judgment delivered ex tempore on 23 October 2024, 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.
By an application for judicial review filed 6 September 2023 made pursuant to s 476 of the Migration Act 1958 (Cth) (Act), the applicant sought judicial review of the decision of the second respondent, the Tribunal, dated 7 August 2023.
In that decision, the Tribunal affirmed the decision of a delegate of the Minister not to grant the applicant a Student Class TU Subclass 500 visa (Visa).
The applicant is a citizen of India who, with his then wife, applied for the Visa on 21 December 2021.
On 28 August 2024, a Registrar of this Court summarily dismissed the application for judicial review pursuant to r 13.13(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Rules) on the basis that the applicant's claim for judicial review had no reasonable prospects of success.
After delivery of the reasons for that decision, the applicant filed an application for review of the Registrar's decision to this Court. That application was filed on 19 September 2024 and was filed pursuant to r 21.2 of the Rules. The time within which to make an application for a review of the Registrar's decision is seven days from the date of the reasons for decision and order for summary dismissal. The application for review brought by the applicant was out of time and therefore before the matter could proceed, or may proceed, the applicant would need to seek an extension of time from this Court and provide an adequate reason as to why an extension should be granted.
The applicant has not appeared this morning at the hearing that was designated for his application for review. The matter has been called three times outside the Court and there has been no appearance by the applicant in response to those calls. The time is now 10.30 am and my Associates have endeavoured to contact the applicant at the telephone number he provided in his application for review and have been unable to make any contact with the applicant by telephone. I also note that my Associates have sent notification of the listing to the applicant by email at the email address which he designated in the application for review, and which is also the same email address as is contained in the original application for judicial review.
I am informed by Ms Ali, the solicitor for the first respondent, that her office has also sent emails to the applicant at the email address contained in the original application for judicial review, notifying him of the date and time of this hearing. I am satisfied that the applicant was notified of the time, place and date of this hearing at the email address nominated by him and the 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.
In the circumstances, I am prepared to dismiss the application for review of the Registrar's decision pursuant to r 13.06(1)(c) of the Rules, and I will order that the applicant pay the first respondent's costs of and incidental to the application for review in the sum of $2,300.00 I will make orders to that effect.
I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Corbett. Associate:
Dated: 12 November 2024
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