FQO18 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1076

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).

1. These are the reasons for judgment delivered ex tempore on 19 June 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. The applicant seeks judicial review of a decision of the second respondent (Tribunal) made 16 October 2018, which affirmed a decision of a delegate of the first respondent (Minister), refusing to grant the applicant a Protection (Class XA) (Subclass 866) visa (visa).
3. The applicant is a citizen of Kenya and applied for the visa on 8 May 2014.
4. On 25 October 2018, the applicant filed an application for judicial review with this Court and the proceeding was listed for a directions hearing before a Registrar on 22 July 2020. Orders were made directing the applicant to file and serve any amended application and evidence in support, together with an outline of submissions, before the matter was listed for final hearing. At that time, the applicant was represented by a solicitor.
5. On 12 December 2020, the Court received a Notice of Withdrawal of Lawyer from the solicitor acting on behalf of the applicant, and thereafter, the applicant was unrepresented.
6. On 3 March 2025, the matter was listed for callover when a Registrar of this Court confirmed the correct address for service for the applicant and directed that a further copy of the Court Book be delivered to the applicant at that address. The Registrar also summarised for the benefit of the applicant the principles required to establish jurisdictional error by the Tribunal in relation to the decision under review.
7. On 7 May 2025, a notice of listing was sent by the Court to the parties to the proceeding setting this matter down for final hearing on 19 June 2025 at 10.00am, in person, at Melbourne. That email was sent to the email address provided by the applicant following the callover on 3 March 2025.
8. On 13 June 2025, a further email was sent from my chambers to the parties to the proceeding, confirming the date and time for the final hearing of the application for review.
9. On 18 June 2025, my chambers received an email from the applicant, as follows:

I wish to withdraw the above matter from court proceedings due to but not limited to lack of legal representation and also I'm not in a mental state suitable to represent myself.

1. Chambers responded to the applicant's email notifying that a Notice of Discontinuance would need to be filed in order to be considered and noted that in the absence of the approved form, the matter remained listed for hearing as scheduled.
2. The matter was called on for hearing this morning at 10.00am, and there was no appearance on behalf of the applicant. The matter was then stood down until 10.20am to allow the applicant to appear. The time is now 10.30am, and the matter has been called three times outside of Court and the applicant has not appeared.
3. I am satisfied that the applicant was notified of the time, place and date of this hearing at the address nominated by the applicant. 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.
4. In these circumstances I am prepared to dismiss the proceedings pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law Rules) 2021 (Cth) (Rules).
5. The solicitor for the Minister has sought the costs of the application to date fixed in the sum of $5,000.00 which is a fair and reasonable amount and less than the applicable scale under the Rules. The Minister has also sought a change of the name of the first respondent following the change of the name of the ministerial portfolio on 15 May 2025. Orders will be made to that effect.

I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Corbett.