Thummala v Minister for Immigration, Citizenship and Multicultural Affairs
[2023] FCA 1488
•22 November 2023
FEDERAL COURT OF AUSTRALIA
Thummala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1488
Appeal from: Thummala v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 828 File number(s): VID 624 of 2022 Judgment of: HESPE J Date of judgment: 22 November 2023 Catchwords: MIGRATION – application to appeal from decision of Federal Circuit Court dismissing application for judicial review – where no appearance by appellant – appeal dismissed for non‑appearance Legislation: Federal Court Rules 2011 (Cth) r 36.75 Division: General Division Registry: Victoria National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 9 Date of hearing: 22 November 2023 Counsel for the appellants The appellants did not appear Solicitor for the first respondent Mr J Simpson of Clayton Utz Counsel for the second respondent The second respondent filed a submitting notice, save as to costs ORDERS
VID 624 of 2022 BETWEEN: SUNIL REDDY THUMMALA
First Appellant
PARNITHA GADDAM
Second Appellant
SHREYAN REDDY THUMMALA
Third Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
ORDER MADE BY:
HESPE J
DATE OF ORDER:
22 NOVEMBER 2023
THE COURT ORDERS THAT:
1.Pursuant to rule 36.75(1) of the Federal Court Rules 2011 (Cth), the appeal be dismissed.
2.The first and second appellants pay the first respondent’s costs, to be taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(Delivered ex tempore, revised from transcript)HESPE J:
This appeal was listed before me for hearing this morning. It was listed for hearing commencing at 10.15 am.
The appeal concerns three appellants, each a member of the same family unit.
An email was sent to the parties by an officer of the registry of the Court on 4 October 2023, informing the parties that this was to be the date for hearing.
On 9 November 2023, 17 November 2023 and 21 November 2023, the Court sent emails by way of reminder to the appellants noting that the matter was listed for hearing this morning. The appellants were advised that the Minister was intending to appear in person and the appellants were asked to confirm if they also wished to appear in person. No response to that correspondence was received. A Microsoft Teams link was also provided to the appellants by email, informing them that they could attend by that link if they were unable to attend in person.
This morning, when the matter was called for hearing, there was no appearance by or on behalf of the appellants. The appeal was called outside the courtroom and there was no appearance by or on behalf of the appellants. The Court adjourned for ten minutes to allow time for an appearance. The matter was then again called outside the courtroom and it remains the case that there is no appearance by or on behalf of the appellants.
The Minister has applied, pursuant to r 36.75(1) of the Federal Court Rules 2011 (Cth), for the appeals to be dismissed because, when they were called on for hearing, the appellants were absent.
In the circumstances, I will make an order dismissing the appeal. I am satisfied that the appellants have had notice of the date of hearing of the appeal, that the appellants were reminded that the appeal was listed today at 10.15 am, that the appellants were told they could appear in person and that a link to a Microsoft Teams hearing was also provided to the appellants.
I will make an order pursuant to r 36.75(1) of the Rules dismissing the appeal. The Minister is entitled to costs to be taxed.
I will order costs only against the first and second appellants.
I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Hespe. Associate:
Dated: 22 November 2023
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