Abbas v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 1621

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 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

1. On an application being made by the respondent in default of appearance of the applicant for the proceedings to be dismissed under rule 5.10(a) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 ("the Rules"), the Court is satisfied that the applicant was notified of the hearing. The Court is satisfied that the applicant had been served and had been given notification to join the hearing. The Court received an email from the applicant sent at 1.21 pm on 1 October 2025, the day before the hearing and not copying in the respondent, purporting to assert that the applicant wanted an adjournment because his father had passed away a few weeks ago and asserting that he wasn't mentally prepared to attend.
2. The hearing was conducted by video or audio link. The sending of the email identifies that the applicant was aware of the hearing day. Had the applicant attended, the Court would have heard his adjournment application and weighed what it was that he said. The deliberate decision by the applicant to fail to attend and the sending of an email at the last moment is in all the circumstances a proper basis for the Court to exercise its discretion to dismiss the proceedings for a failure to appear under rule 5.10(a) of the Rules.
3. It is for these reasons the Court makes the above orders.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge Street.