EAU20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 87

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).

(Delivered ex tempore and revised from the transcript)

1. This application for judicial review under the provisions of the Migration Act 1958 (Cth) was filed on 7 September 2020. On 5 May 2023 standard programming orders were made by a Registrar of the Court, including an order that the matter be listed for hearing on a date to be advised. For reasons which are not readily apparent, another Registrar, on 12 September 2025, vacated the previous programming orders and made further programming orders, including orders requiring the applicant and the first respondent to file the normal documentation in such matters and for the transfer of the matter to the Perth Registry and for the matter to be listed for a date to be advised.
2. In November 2025 the matter was allocated to the Court as presently constituted, and on 11 November 2025 the applicant was emailed by the presiding Judge's Associate advising that the matter was listed for final hearing today. The Court notes that that email was sent to the email address for service which is on the record.
3. By further email from the presiding Judge's Associate on 13 January 2026 the parties were advised that the listing was confirmed for today, 19 January 2026, together with instructions as to how to appear by video link. The Court notes also that on 14 January 2026, according to the affidavit of service of Georgia Maree Dres of 5 November 2025, the first respondent Minister's submissions have been emailed to the applicant, together with advice that if there was no appearance, appropriate orders for dismissal and costs would be sought.
4. Today, there is no appearance by the applicant. The applicant has not called in and as the Court earlier indicated, several calls from the presiding Judge's Associates have resulted in the applicant not being able to be contacted.

1. In those circumstances the Minister seeks, and it is appropriate to grant, an order that the matter be dismissed for non-appearance pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2)(General Federal Law) Rules 2025 (Cth).

1. The Minister also seeks an order for costs in the sum of $6181.81, which the Court notes is below scale. The Court also considers that the matter being dismissed for non-appearance at final hearing, it is appropriate for such a sum to be ordered. So, there will be a further order, that the applicant pay the Minister's costs in the sum of $6181.81 by 19 February 2026.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Lucev.