Federal Court of Australia
CFO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1144
ORDERS
Appellant | ||
AND: | MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent IMMIGRATION ASSESSMENT AUTHORITY Second Respondent |
DATE OF ORDER: |
THE COURT ORDERS THAT:
1. Subject to order 3, the appeal be dismissed.
2. The first respondent serve a copy of these orders on the appellant: (a) personally; (b) by the email address identified in the notice of appeal, as soon as reasonably practicable.
3. Reserve liberty to the appellant to apply within 14 days of personal service pursuant to order 2 hereof, for an order vacating order 1 on sufficient cause being shown.
4. The name of the first respondent be changed to “Minister for Immigration, Citizenship and Multicultural Affairs”.
5. The appellant pay the first respondent’s costs as agreed or assessed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
(Revised from transcript)
THAWLEY J:
1 This appeal was filed on 6 April 2020.
2 I listed the matter for a case management hearing in order to set a timetable for hearing. The appellant did not appear. The matter was called outside Court three times.
3 The Minister applied for an order under rule 5.23(1)(b) of the Federal Court Rules 2011 (Cth) for an order dismissing the appeal and tendered a letter sent by express post to the appellant dated 21 September 2022 and an email sent on 21 September 2022 attaching that letter. A further email was sent by the first respondent’s solicitor on 23 September 2022 informing the appellant of the court room in which the case management hearing would be held. The first respondent’s solicitor has also unsuccessfully sought to contact the appellant by telephone.
4 The Court has also sought to communicate with the appellant via email but not received a response.
5 In the circumstances, I make the following orders:
1. Subject to order 3, the appeal be dismissed.
2. The first respondent serve a copy of these orders on the appellant: (a) personally; (b) by the email address identified in the notice of appeal, as soon as reasonably practicable.
3. Reserve liberty to the appellant to apply within 14 days of personal service pursuant to order 2 hereof, for an order vacating order 1 on sufficient cause being shown.
4. The name of the first respondent be changed to “Minister for Immigration, Citizenship and Multicultural Affairs”.
5. The appellant pay the first respondent’s costs as agreed or assessed.