Lew v Minister for Immigration and Multicultural Affairs

[2025] FedCFamC2G 362

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Lew v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 362

File number(s):	MLG 254 of 2019
Judgment of:	JUDGE CORBETT
Date of judgment:	5 March 2025
Catchwords:	MIGRATION – Student visa – Application for judicial review – Where applicants 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:	9
Date of last submission/s:	5 March 2025
Date of hearing:	5 March 2025
Place:	Melbourne
Solicitor for the applicants	The applicants did not appear
Solicitor for the Respondents	Mr T Jones, Clayton Utz

ORDERS

MLG 254 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MAIN YEE LEW

First Applicant

FENG JIN

Second Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE REVIEW TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE CORBETT
DATE OF ORDER:	5 MARCH 2025

THE COURT ORDERS THAT:

1.The name of the second respondent be amended to ‘Administrative Review Tribunal’;

2.The application for judicial review filed on 1 February 2019 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

3.The applicant pay the first respondents costs and disbursements of an incidental to the proceeding fixed in the sum of $8,371.30.

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 5 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 first applicant is a citizen of Malaysia, and the second applicant is a citizen of China. The applicants are married and applied for a Student (Temporary) (Class TU) (Subclass 500) visa (visa) on 13 July 2018.

3. On 1 February 2019, the applicants filed an application in this Court seeking judicial review of a decision of the second respondent (Tribunal) made on 21 January 2019. The Tribunal affirmed the decision of a delegate of the first respondent (Minister) to refuse to grant the applicants the visa.

4. The matter was listed for a directions hearing on two occasions, the last of which was held on 17 December 2024 before a Registrar of this Court who made procedural orders for the matter to be listed for final hearing.

5. On 9 January 2025, a notice of listing was sent to the first applicant by the Registry of this Court at her last known email address given to the Court for the purpose of delivery of notices.

6. On 25 February 2025, my chambers sent an email to the first applicant at her last known email address confirming that the matter was listed for hearing to be heard in person on 5 March 2025 at 10.00am at Melbourne.

7. The time is now 10.40am and the applicants have not appeared. I am satisfied that the applicants were notified of the time, place and date of the hearing at the address nominated as the first applicant's address for service. I am also satisfied that the applicants non-attendance has occurred in circumstances where the applicant was aware an appearance in person was required.

8. Mr Jones, who appears on behalf of the Minister, has sought an order for the application to be 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) (Rules). Mr Jones has also sought the Minister's costs and disbursements of and incidental to the proceeding fixed in the sum of $8,371.30. In these circumstances I am prepared to accept the submissions made on behalf of the Minister and find that the order for costs is fair and reasonable, and the scale amount provided for in Sch 2, Pt 2, Div 1 of the Rules.

9. I also note that the heading of the proceeding will need to be amended to reflect the current 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 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:       13 March 2025