Zou v Minister for Immigration, Citizenship and Multicultural Affairs

[2022] FedCFamC2G 474

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Zou v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 474

File number(s):

ADG 372 of 2019

Judgment of:

JUDGE LUCEV

Date of judgment:

15 June 2022

Catchwords:

MIGRATION – Application for judicial review – decision of Administrative Appeals Tribunal – citizen of China – Student (Temporary) (class TU) (subclass 500) visa – decision to affirm cancellation of visa

PRACTICE AND PROCEDURE – Where no appearance by applicant – where applicant has active or current contact details with the Court – where multiple calls made to existing contact number – dismissal for non-appearance

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:

5

Date of hearing:

15 June 2022

Place:

Perth

Applicant:

No appearance by or for the Applicant

Counsel for the First Respondent:

Ms C Calabrese by phone via Webex

Solicitor for the First Respondent:

Australian Government Solicitor

Second Respondent:

Submitting appearance, save as to costs

ORDERS

ADG 372 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

XIAOTIAN ZOU
Applicant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

ORDER MADE BY:	JUDGE LUCEV
DATE OF ORDER:	15 JUNE 2022

THE COURT ORDERS THAT:

1.The name of the first respondent be amended to read, “Minister for Immigration, Citizenship and Multicultural Affairs”.

2.Pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2021 (Cth) the originating application filed on 14 October 2019 be dismissed for non-appearance.

3.The Applicant pay the First Respondent’s costs in the sum of $3,500 by 15 July 2022.

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
(Delivered ex tempore and revised from transcript)

JUDGE LUCEV

1. This is an application for judicial review of a decision by the Administrative Appeals Tribunal (“Tribunal Decision”) to affirm a decision of a delegate in relation to the cancellation of a (Temporary) (class TU) (subclass 500) visa. It was filed in the Adelaide Registry of this Court on 14 October 2019. There are no grounds in the originating application, and an affidavit filed with the originating application simply states that the applicant does not agree with the Tribunal Decision and hopes that it can be reviewed.

2. Orders were made by Registrar Carlton on 18 November 2019 setting in place certain procedural orders and an order for the hearing to be heard on a date to be advised. That did not occur until such time as the application was allocated to the Registry of the Court in Perth in mid-May of 2022, and, on 19 May 2022, a directions hearing was listed for 25 May 2022. At that directions hearing, the matter was adjourned on the basis that the applicant did not appear where calls to the applicant’s mobile number resulted in an automated message that the number dialled was not answering, and the matter was adjourned to today’s hearing.

3. Orders were made for costs to be reserved, and a note was appended to the orders made on 25 May 2022 that if the applicant did not appear at the directions hearing today, that the originating application may be dismissed for non-appearance pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (“GFL Rules”).

4. The Court is satisfied that the notice of the directions hearing on 24 May 2022, the subsequent orders adjourning the matter to a directions hearing today and notices separately sent prior to both of those directions hearings have been sent to the email address for service which was provided in the originating application, and, there being no other address provided to the Court by way of a change of notice of address for service, the Court notes that the applicant has not appeared again today, and, in those circumstances, the Minister seeks orders for the application to be dismissed pursuant to r 13.06(1)(c) of the GFL Rules and costs in the sum of $3500.

5. In the circumstances, the Court is satisfied that the orders sought by the Minister are appropriate, and those orders will be made together with an order for a name change for the Minister.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Lucev.

Associate:

Dated:       16 June 2022