KEA24 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1994

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).

(Delivered ex tempore and revised from the transcript)

1. This matter is listed before me today for hearing of the applicant's application for judicial review of a decision made by the Administrative Review Tribunal (Tribunal). The Tribunal affirmed a decision of a delegate of the Minister 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 judicial review application to be dismissed 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) (GFL Rules).
2. The applicant was notified of the hearing by way of an email sent from my chambers on 24 July 2025. That email has been received into evidence and marked as exhibit 1. Exhibit 1 was sent to the applicant at the email address recorded in her application to this Court and in her affidavit, which were both filed on 22 November 2024. Those documents contain the most recent email address for service that the applicant has provided to the Court. Exhibit 1 clearly set out the time and the date of the hearing and advised the parties that the hearing would take place in person.
3. A further email was sent to both parties on 14 November 2025. That email has been received into evidence and marked as exhibit 2. Exhibit 2 reminded the parties of the listing for hearing today and that the hearing would take place in person.
4. Both exhibit 1 and exhibit 2 put the applicant on notice that if she failed to appear at the hearing, the application may be dismissed for non-appearance. I am satisfied that exhibit 1 and exhibit 2 put the applicant on notice of the hearing today and the possible consequences of her not appearing.
5. The hearing was listed to commence at 2:00pm AWST. My associate informed me at that time that the applicant was not present in the courtroom, and I deferred calling the matter for approximately 15 minutes. When the matter was then called at approximately 2:15pm, there was no appearance by or for the applicant. My associate called the matter outside the courtroom three times to confirm that there was no appearance.
6. There is nothing on the court file or otherwise before the Court to explain why the applicant has not appeared at the hearing today. I am satisfied that the applicant has failed to appear at the hearing, and there does not appear to be any reasonable explanation for her non-appearance on the court file.
7. In circumstances where the applicant has been properly notified of the hearing and without any apparent reasonable explanation has failed to appear, I am satisfied that it is appropriate to dismiss her judicial review application for non-appearance.
8. I note that in circumstances where the Court is making orders to dismiss the application in the absence of the applicant, the applicant may apply to the Court for those orders to be set aside, pursuant to r 22.04(2)(a) of the GFL Rules. If the Court were to make such an order, that would have the effect of reinstating the application.
9. In circumstances where the application is being dismissed at a final hearing, the Minister seeks an order that the applicant pay the Minister's costs, fixed in the amount of $6,500. This amount is below the scale amount set out in the schedule to the GFL Rules, and I am satisfied that it is appropriate to make the costs order sought by the Minister.
10. The Minister seeks an order that his name be changed to 'Minister for Immigration and Citizenship'. I am satisfied that this order is also appropriate and reflects the current title of the Minister.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Ladhams.