KKF24 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1656

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 of 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 application to be dismissed for non-appearance pursuant to r 22.04(1)(a)(i) of the Federal Circuit Court and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) (GFL Rules).
2. The Minister relies on three documents as evidence in support of the oral application for dismissal. The first of these is an email that was sent to the parties by my associate on 15 July 2025. That email has been marked as exhibit 1. Exhibit 1 contains a listing notice which puts the parties on notice that the matter has been listed for hearing on 2 October 2025 at 10:00am AWST and that the hearing will take place in person. Exhibit 1 includes a note that if there is no appearance by or for the applicant at the hearing, the application may 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) (2021 Rules), which were the Rules that were in place at the time the listing notice was sent.
3. The second document upon which the Minister relies is an email sent from my associate to the parties on 25 September 2025, confirming that the matter is listed for hearing at 10:00am on

2 October 2025 and that the hearing will proceed in person. That email puts the applicant on notice that if he does not appear at the hearing on 2 October 2025, his application may be dismissed pursuant to r 22.04(1)(a)(i) of the GFL Rules. 4. The Minister also read an affidavit of service of Georgina Roberta Ellis, which was filed on 30 September 2025. Ms Ellis' affidavit contains an annexure of correspondence sent to the applicant on 17 September 2025. That correspondence confirms to the applicant that the matter is listed for hearing on 2 October 2025 at 10:00am and that he is required to attend the Court on this occasion. The correspondence also puts the applicant on notice that if he does not attend on this occasion, the Minister will seek orders from the Court that his matter be dismissed and that he pay the Minister's legal costs in the proceeding. 5. Each of exhibit 1, exhibit 2 and the correspondence annexed to Ms Ellis' affidavit was sent to the applicant at the email address recorded in his application to this Court filed on 30 November 2024.[1] That email address is the most recent address for service that the applicant has provided to the Court in this matter. I am satisfied that exhibit 1, exhibit 2 and the annexure to Ms Ellis' affidavit have properly put the applicant on notice of the hearing today and of the possible consequences if he fails to appear. 6. The hearing was listed to commence at 10:00am 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 called at approximately 10:15am, there was still no appearance for the applicant. My associate called the matter outside the courtroom three times to confirm that the applicant had not been waiting outside the courtroom. 7. There is nothing on the Court file or otherwise before the Court to explain why the applicant has not attended the Court today. I am satisfied that the applicant has failed to appear at the hearing today, and there does not appear to be any reasonable explanation apparent from the Court file for his non-appearance. 8. 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 today, I am satisfied that it is appropriate to dismiss his judicial review application for non-appearance. 9. 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 24.04(a) of the GFL Rules. If the Court were to make such an order, that would have the effect of reinstating the application. 10. The Minister seeks a further order that the applicant pay his costs fixed in the amount of $6,500. I am satisfied that this order is appropriate in the circumstances of this matter. Costs should follow the event. The quantum of costs sought by the Minister is appropriate having regard to the work that the Minister was required to perform in this matter and also noting that the amount sought by the Minister is well below the amount set out in the scale to the GFL Rules. 11. The Minister also asks for an order that his name be changed to 'Minister for Immigration and Citizenship'. I am satisfied it is appropriate to make this order to reflect the current title of the Minister.

I certify that the preceding eleven (11) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Ladhams.

[1] The application was provided to the Court electronically and received at 8:42pm on 29 November 2024. As it was received after 4:30pm, pursuant to r 2.05(4) of the 2021 Rules, it is deemed to be filed on the next business day the Registry is open for business.