Acharige v Minister for Immigration and Citizenship [2025] FedCFamC2G 2055

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. These are the reasons for judgment delivered ex tempore on 4 December 2025, revised from transcript only to include extracts of cited documents and to make corrections of typographical errors or minor matters to reflect the intention of the Court.
2. By an application for judicial review filed with Court on 7 August 2019, the applicant seeks judicial review of a decision of the second respondent, the Administrative Appeals Tribunal (Tribunal), made on 5 July 2019 which affirmed a decision of a delegate of the first respondent (Minister) refusing to grant the applicant a Student Temporary (Subclass 500) visa (visa).
3. The applicant is a citizen of Sri Lanka and applied for the visa on 29 August 2017.
4. After filing the application for judicial review, the proceeding was listed for a callover before a Registrar on 28 March 2025. Orders were made on that occasion directing the applicant to file and serve any amended application and evidence in support. The applicant did not do so.
5. On 24 October 2025, a notice of listing was sent by the Registry of the Court to the last known email address for service of the applicant. The notice of listing nominated this day as the date for hearing, the time and place of the hearing, and the requirement that the applicant appear in person.
6. On 24 November 2025, my chambers sent an email to each of the parties confirming the time, place, and date of the hearing, and asking for the parties to confirm their appearance. In response to that request, the applicant sent an email on 2 December 2025, requesting an adjournment of the hearing today, and attaching a doctor's certificate. In the email, the applicant stated that he was suffering from a medical condition that would prevent him from appearing. The applicant said:

I refer to the above-mentioned matter listed before Judge Corbett on Thursday, 4 December at 10.00am. Due to a severe medical condition, I am unable to attend the hearing scheduled for tomorrow. I respectfully request that the Court grant a new hearing date. Please find attached my medical certificate as supporting evidence.

1. The medical certificate attached to the email was dated 2 December 2025 and simply referred to the applicant suffering from a "backache" and another unidentifiable condition. It is said that the illness commenced on 2 December 2025, and the doctor's certificates expressed the opinion that the applicant would be "unfit for work" for the period from 2 December to 9 December 2025.
2. The medical certificate does not address the appropriate facts relevant to an application for an adjournment for an appearance before this Court. The certificate did not say that the applicant was unfit to appear before the Court today. It did not identify the nature of the medical condition suffered, or why that would prevent the applicant from appearing before the Court, either in person, or by video. The Court informed the applicant that the adjournment would not be granted and an application would need to be made in person on proper medical evidence.
3. The time is now 10.40 am and the applicant has not appeared.
4. I am satisfied that the applicant was notified of the time, place and date of this hearing at the address nominated as the applicant's address for service. I am also satisfied that the applicant's non-attendance has occurred in circumstances where the applicant was aware that an appearance in person was required, and that his application for an adjournment was opposed, and had not been granted. In these circumstances, I am prepared to dismiss the proceeding pursuant to rr 5.08, 5.10 and 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
5. Ms Haag, who appears on behalf of the Minister this morning, seeks the minister's costs and disbursements in relation to the proceeding. I am satisfied that an order for costs should be made, and that sum sought of $6,181.82 is fair and reasonable, and appropriate in this proceeding.
6. It is also necessary to make an order amending the name of the first respondent to 'Minister for Immigration and Citizenship', which is the current name for the appropriate Ministerial Department, which changed in May of 2025.

1. The name of the first respondent be amended to 'Minister for Immigration and Citizenship'.
2. The application for judicial review filed on 7 August 2019 is dismissed pursuant to rr 5.08, 5.10 and 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
3. The applicant pay the first respondent's costs and disbursements of and incidental to the proceeding, fixed in the sum of $6,181.82.

I certify that the preceding fifteen (15) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Corbett.