GAW24 v Minister for Immigration and Citizenship [2025] FedCFamC2G 993

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).

(Delivered ex tempore and revised from the transcript)

1. This matter is listed before me today for final hearing of the applicant's application for judicial review of a decision made by the Administrative Appeals Tribunal affirming a decision not to grant the applicant a protection visa. When the matter was called, there was no appearance by or for the applicant. Counsel for the Minister made an oral application for the applicant's application to be dismissed 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).
2. The applicant was notified of the hearing today by way of an email sent from my chambers on 14 February 2025. That email has been received into evidence and marked as exhibit 1. The email that is exhibit 1 was sent to the applicant at the email address recorded in his judicial review application and affidavit, both filed on 13 August 2024, which contained the most recent email address for service that the applicant has provided to the Court. Exhibit 1 clearly set out the time and date for the hearing as well as the place for the hearing and advised that the hearing would take place in person. A reminder email was sent to the parties using the same email address for the applicant on 27 May 2025. That email is exhibit 2 before the Court.
3. Both exhibit 1 and exhibit 2 put the applicant on notice that if he failed to appear at the hearing, the application may be dismissed for non-appearance pursuant to r 13.06(1)(c) of the GFL Rules. I also have before me an affidavit of Aneesha Satyendra filed on 27 May 2025. One of the annexures to that affidavit is correspondence sent to the applicant by email on 20 May 2025, which again reminded the applicant of the listing for hearing today and put the applicant on notice that if he does not appear at the hearing, the Minister may apply to have the matter dismissed under r 13.06(1)(c) of the GFL Rules with costs. I am satisfied that the applicant was properly notified of the hearing and was notified of the potential consequences of failing to appear.
4. I was advised shortly before the commencement of the hearing today that the applicant had not appeared. I deferred calling the matter for approximately 15 minutes just in case the applicant was running late. When the matter was called, there was still no appearance by or for the applicant. My associate called the matter outside the courtroom three times, and there continued to be no appearance by or for the applicant. I am satisfied that the applicant has failed to appear at the hearing today, and there is nothing before the Court to suggest that he has any reasonable explanation for his failure to appear. In circumstances where the applicant has been properly notified of the hearing and, without any apparent reasonable explanation, has failed to appear at the hearing, I am satisfied that it is appropriate to dismiss the application for non-appearance.
5. I note that in circumstances where the Court is making orders in the absence of the applicant, the applicant may apply to the Court for the orders to be set aside pursuant to r 17.05(2)(a) of the GFL Rules. If the Court were to set aside any order dismissing the application pursuant to r 13.06(1)(c) of the GFL Rules, that would have the effect of reinstating the judicial review application.
6. The Minister also seeks an order to change his name to the 'Minister for Immigration and Citizenship' and an order that the applicant pay his costs, fixed in the amount of $5,900. I am satisfied that both of these orders are appropriate. The order to change the Minister's name reflects the current title of the Minister, and the amount of costs sought by the Minister is well below the amount set out in the Court's scale for matters concluded at a final hearing and is appropriate having regard to the amount of work required by the Minister in this matter.
7. I make the following orders in this matter:
   1. The name of the first respondent is amended to 'Minister for Immigration and Citizenship'.
   2. The application is dismissed pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
   3. The applicant is to pay the first respondent's costs of the application fixed in the amount of $5,900.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Ladhams.