Singh v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 1439

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. This matter was listed for a Final Hearing before me on 11 August 2025, commencing at 10.15 am.
2. The application for judicial review was filed on 28 October 2021, together with a supporting affidavit.
3. There was a Directions Hearing on 9 December 2021 before Registrar Van Der Westhuizen at which the Applicant appeared in-person.
4. There was a further Directions Hearing before Registrar Foster on 25 May 2025 and the Applicant also attended at that hearing.
5. The Applicant was sent the notice of today's hearing at his last known address on 1 July 2025. The notice was sent to him at the email address, which was noted on his original application, being manugarcha89@gmail.com.
6. At the Directions Hearing before Registrar Foster on 25 May 2025, the Applicant was directed to file an updated Notice of Address for Service as he said that his telephone number had been changed. There were no changes in respect of his email address or physical address indicated on that date. The Applicant did not file the Notice of Address for Service as directed.

1. The matter was called at 10.15 am this morning, being 11 August 2025, and there was no appearance at that time by the Applicant. The solicitor for the First Respondent was in attendance, Mr Young.
2. Mr Singh, the Applicant, was called at 10.16 am and there was no appearance from him.
3. He was then called a second time at 10.18 am and again there was no appearance from him. It is currently 10.23 am and there is no appearance from Mr Singh.
4. I am satisfied that Mr Singh knew of today's hearing because the notice of listing was sent to him, as I said, at the address noted on the Court file, and on the application that he made.
5. I have also had regard to the affidavit of service of Christopher Andrew Malley filed on 4 August 2025 which stated that the Court Book had been sent to the Applicant on 16 December 2021 and that a copy of the First Respondent's written outline of submissions filed on 28 July 2025 was sent to the Applicant at the email address on the Court file on that date.
6. On 4 August 2025, the solicitor for the First Respondent also sent a further copy of the sealed written submissions to the Applicant. Evidence of those documents having been sent by email was attached to the affidavit of service and marked 'CAM-3' and 'CAM-4'. The Court Book that was sent to the Applicant on 16 December 2021 was marked 'CAM-2'.
7. I also note that when the Applicant appeared before Registrar Foster on 25 May 2025, he indicated to the Registrar that he had received a copy of the Court Book.
8. In these circumstances, and where there has been no appearance from the Applicant, the solicitor for the Minister seeks that the application be dismissed, together with an order for costs in the fixed amount of $6,800.
9. I am satisfied that the Applicant has had due notice of today's hearing and has been called twice and is still not in attendance.
10. Accordingly, it is appropriate that the application now be dismissed, and I will make orders accordingly, together with an order for costs as sought by the First Respondent.
11. For those reasons, I now pronounce the following orders.

I certify that the preceding seventeen (17) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge Leishman.