Mubashar v Minister for Immigration and Multicultural Affairs
[2024] FedCFamC2G 1018
•26 August 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Mubashar v Minister for Immigration and Multicultural Affairs [2024] FedCFamC2G 1018
File number(s): SYG 2478 of 2019 Judgment of: JUDGE LAING Date of judgment: 26 August 2024 Catchwords: MIGRATION – non-appearance by the applicant at the scheduled hearing – evidence indicates that the applicant is offshore – where the applicant did not seek any alternative means of attending the hearing but simply did not attend the scheduled listing – application dismissed for non-appearance 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: 7 Date of hearing: 26 August 2024 Place: Sydney Applicant: No appearance Solicitor for the First Respondent: Mr S Knuckey of Mills Oakley Second Respondent: Submitting appearance, save as to costs ORDERS
SYG 2478 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MUHAMMAD MUBASHAR
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
JUDGE LAING
DATE OF ORDER:
26 AUGUST 2024
THE COURT ORDERS THAT:
1.The name of the first respondent be amended to “Minister for Immigration and Multicultural Affairs” dispensing with the need for filing any further document in this regard.
2.The application 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).
3.The applicant pay the first respondent’s costs fixed in the amount 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).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE LAING:
Before the Court is an application for review of a decision of the Administrative Appeals Tribunal (Tribunal). The Tribunal affirmed a decision of a delegate of the first respondent (Minister) not to grant the applicant a Partner Migrant (Class BC) visa.
The matter was listed before me for hearing this morning. The applicant was notified of the listing by email sent on 26 June 2024. A reminder was also sent.
The Minister relies upon an affidavit of Simon Knuckey indicating that the applicant is currently offshore and holds no visa that might afford him a right of return to Australia.
Having reviewed the correspondence against the file, I am satisfied that the applicant was notified of the hearing today. He has not attended, although he was notified of the listing by email. No attempt to make any arrangement to attend by other means, such as remote means, appears to have been made prior to the listing today.
In the circumstances, the Minister seeks dismissal of the application pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth). I am satisfied that is an appropriate course.
The Minister also seeks an order that his name be amended to “Minister for Immigration and Multicultural Affairs” to reflect a change in name more generally. I will so order.
Lastly, the Minister seeks an order that the applicant pay his costs fixed in the amount of $8,371.30, which is the Court’s scale amount for proceedings of this type. Having regard to the scale, and also to the work performed in this matter, I am satisfied that this is a reasonable amount.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Laing. Associate:
Dated: 10 October 2024
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