Singh v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 777

1. Pursuant to r 7.01 of the Federal Circuit and Family Court of Australia (Division

2) (General Federal Law) Rules 2021 (Cth) (Rules) the application filed on 30

May 2019 is taken to have been amended so as to seek a writ of mandamus.

1. Pursuant to rr 1.07, 3.03 and 7.02 of the Rules, the Court dispenses with the need

for the amended application referred to in Order 3 above to have the amendment

1. The application filed on 30 May 2019 be dismissed pursuant to r 13.06(1)(c) of the Rules.
2. The Applicant pay the First Respondent's costs fixed in the amount of $7,467.00.

1. The Applicant was called outside the courtroom at 10.39am today and there was

1. Pursuant to r 17.05 of the Rules, the Court may vary or set aside a judgment or

1. Written reasons for judgment to be published from Chambers at a later date.

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).

1. This matter was listed for a final hearing before the Court in person at 10:15am on 20 April 2025. When the matter was called, there was no appearance by or on behalf of the applicant.
2. In the circumstances, the Court made the following orders:
   1. The name of the First Respondent be amended to "Minister for Immigration and Multicultural Affairs".
   2. The name of the Second Respondent be amended to "Administrative Review Tribunal".
   3. Pursuant to r 7.01 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (Rules) the application filed on 30 May 2019 is taken to have been amended so as to seek a writ of mandamus.
   4. Pursuant to rr 1.07, 3.03 and 7.02 of the Rules, the Court dispenses with the need for the amended application referred to in Order 3 above to have the amendment physically made, filed or served.
   5. The application filed on 30 May 2019 be dismissed pursuant to r 13.06(1)(c) of the Rules.
   6. The Applicant pay the First Respondent's costs fixed in the amount of $7,467.00.
3. The following notations were made to the orders:

1. The Applicant was called outside the courtroom at 10.39am today and there was no response to the call. 2. Pursuant to r 17.05 of the Rules, the Court may vary or set aside a judgment or order made in the absence of a party.

1. Written reasons for judgment to be published from Chambers at a later date.
2. These brief reasons explain why the Court dismissed the matter for non-appearance 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. I have before me an application seeking judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) to affirm a decision of a delegate of the Minister to refuse the applicant a Partner (Temporary) (Class UK) (Subclass 820) visa (visa). The Tribunal was not satisfied that the applicant was the spouse of the sponsor and refused the visa on that basis. In his application to the Court, the applicant seeks an order that the decision of the Tribunal be quashed.
2. Mr Mintz, who appears on behalf of the Minister, has informed the Court that the applicant has not sought mandamus or an injunction and that the Court's jurisdiction has not been properly enlivened. I am prepared to regularise the application and grant leave to the applicant, should he seek it, to amend the application such that it seeks mandamus or an injunction in order to enliven the Court's jurisdiction.
3. The applicant does not appear at the hearing this morning. The hearing was scheduled for 10.15am to be heard in person in court. I delayed the commencement of the proceedings to allow time for the applicant to attend. It is now 10:45am and there is still no appearance.
4. The Minister seeks orders that I dismiss the application, pursuant to r 13.06(1)(c) of the Rules, and that the applicant pay the Minister's costs fixed in the sum of $7,467.00. I am satisfied that I should dismiss the application with costs.
5. I note that orders were made by a registrar of the Court in relation to this application for the applicant to file and serve any amended application and any written submissions in support of his application not later than 28 days prior to the final hearing. The applicant has not filed any amended application, any affidavit material or any outline of submissions to support his application. The Minister served a court book on the applicant on 8 July 2022. I am also satisfied that the Minister served a copy of their outline of submissions on the applicant on 16 April 2025.
6. I am satisfied that the applicant has been properly put on notice of this hearing. The file available to me indicates that the Court's Migration Team communicated with the applicant at his nominated email address on 11 March 2025 to inform him of the hearing listed for today. The notification to the applicant clearly identifies today's date and 10.15am as the time for the hearing and notes that the hearing will be heard in person in the Federal Circuit and Family Court of Australia at the Commonwealth Law Courts building.
7. Furthermore, on 24 April this year, my chambers communicated with the parties to remind them of the hearing, including identifying the specific courtroom in which the hearing would be heard. In that email, my chambers also directed the applicant to various videos and other means of assistance that he could avail himself of.
8. On 28 April 2025 - that is two days ago - the applicant contacted my chambers and indicated that he requested a Punjabi interpreter for the hearing. My chambers responded to the applicant that day, referring to his email and confirming that arrangements would be made for an interpreter to assist him.
9. Be that as it may, the applicant has not attended. My associate called the applicant in the vicinity of the court and there was no response to the call. I am also informed that there is a list on the door of the courtroom, identifying this court as the place for the hearing today.

1. In all the circumstances, I am satisfied that the applicant has been afforded a proper opportunity, that he has not attended, and that there is a proper basis for me to dismiss the proceeding pursuant to r 13.06(1)(c) of the Rules.

I certify that the preceding fourteen (14) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Forbes.