Plongkham v Minister for Immigration and Citizenship [2025] FedCFamC2G 1265

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 29 July 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. By an application for judicial review filed with the Court on 20 November 2020, the applicant seeks judicial review of a decision of the second respondent (Tribunal) made 16 November 2020, which affirmed a decision of the delegate of the first respondent (Minister) refusing to grant the applicant a Student (Temporary) (Class TU) visa (visa) under s 65 of the Migration Act 1958 (Cth) (Act).
3. The applicant is a citizen of Thailand and applied for the visa on 9 August 2019.
4. After filing the application for judicial review, the proceeding was listed for directions before a Registrar of the Court on 30 June 2021.
5. On 22 May 2025, a notice of listing was sent by the registry of the Court to the last known address for service of the applicant, which was an email address. The notice nominated 29 July 2025 as the date for hearing of the application for judicial review. The solicitor for the first respondent has provided an email chain of correspondence with the applicant, which is dated 28 July 2025, and which has been marked as exhibit 'R2'. That email chain shows that on 24 July 2025, after the notice of listing from the registry, my chambers notified the applicant and the solicitor for the first respondent of the proposed time, date, and place of the hearing this morning.
6. The solicitor for the Minister also wrote to the applicant by email on 28 July 2025 confirming that the time and place of the hearing would be today at 10.00am in person and at the Court in Melbourne. The solicitor for the first respondent received an email from the applicant at 3.39pm yesterday afternoon, in which the applicant thanked the solicitor and asked what time he needed to meet and where, and what documents were required from him. By response on 28 July 2025 at 3.47pm, the solicitor for the first respondent confirmed that the time of the hearing today was at 10.00am and that the hearing would take place at the Melbourne Registry, Commonwealth Law Courts building, 305 William Street, Melbourne, in courtroom 6E.
7. The time is now 10.41am and the applicant has not appeared. I am satisfied that the applicant was notified of the time, place and date of this hearing at the address nominated as the applicant's address for service. I am also satisfied that the applicant's non-attendance today has occurred in circumstances where the applicant was aware that an appearance in-person was required at Court this morning. In the circumstances, I am prepared to dismiss the proceeding 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).

1. The solicitor for the first respondent has sought costs of and incidental to the application for judicial review in the sum of $5,600.00. That sum is both fair and reasonable in the circumstances of this case.

1. The solicitor for the first respondent also seeks an order that the name of the first respondent be amended to 'Minister for Immigration and Citizenship' and that the name of the second respondent be amended to 'Administrative Review Tribunal'. I will make orders to that effect.

1. The name of the first respondent is amended to 'Minister for Immigration and Citizenship'.
2. The name of the second respondent is amended to 'Administrative Review Tribunal'.
3. The application for judicial review filed 20 November 2020 is dismissed pursuant to r 13.06(1)(c) of the Rules.
4. The applicant pay the first respondent's costs and disbursements of and incidental to this proceeding fixed in the sum of $5,600.00.

I certify that the preceding thirteen (13) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Corbett.