Lou v Minister for Immigration, Citizenship and Multicultural Affairs (No 2)

[2024] FedCFamC2G 310

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Lou v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FedCFamC2G 310

File number(s):	SYG 755 of 2023
Judgment of:	JUDGE STREET
Date of judgment:	5 April 2024
Catchwords:	MIGRATION – application for review dismissed – no appearance by the applicant
Legislation:	Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)
Division:	Division 2 General Federal Law
Number of paragraphs:	2
Date of hearing:	5 April 2024
Place:	Sydney
Applicant:	No Appearance
Solicitor for the Respondent:	Ms P Nirmaleswaran of Mills Oakley

ORDERS

SYG 755 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

YEE LING LOU

Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	5 APRIL 2024

THE COURT ORDERS THAT:

1.The Registrar’s decision dated 27 February 2024 is affirmed.

2.The Application for Review filed on 21 March 2024 be dismissed.

3.The applicant pay the first respondent further costs in the amount of $750.

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 STREET

1. I am satisfied that the applicant was notified of the hearing date today. I am satisfied that there has been default within rule 13.06 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (“GFL Rules”) by failure of the applicant to appear. I am satisfied, in the circumstances, that this is an appropriate manner in which to exercise the Court’s powers under rule 13.06(1)(c) of the GFL Rules and that the Application for Review should be dismissed. The Registrar’s decision of dismissing of the application is affirmed under rule 13.06(1)(c) of the GFL Rules.

2. Accordingly, the Court makes the above orders.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Ex-Tempore Reasons for Judgment of Judge Street.

Associate:

Dated:       18 April 2024