Samiullah v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 369

Federal Court of Australia

Samiullah v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 369 File number(s): VID 232 of 2022

Judgment of: O'CALLAGHAN J

Date of judgment: 21 April 2023

Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia – where appellant did not appear at hearing of appeal – where appellant was given proper notice of hearing of appeal – where first respondent applied for order under r 36.75 of the Federal Court Rules 2011 (Cth) – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 476 Migration Regulations 1994 (Cth) sch 2, cl 572.223 Federal Court Rules 2011 (Cth) r 36.75

Cases cited: Samiullah v Minister for Home Affairs [2022] FedCFamC2G 367

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 35

Date of last submission/s: 22 March 2023

Date of hearing: 21 April 2023

Counsel for the Appellant: The appellant did not appear

Counsel for the First Respondent: Mr M Daly

Solicitor for the First Respondent: Mills Oakley

ORDERS VID 232 of 2022

BETWEEN: SAMIULLAH SAMIULLAH Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: O'CALLAGHAN J DATE OF ORDER: 21 april 2023

THE COURT ORDERS THAT:

1. The name of the first respondent be changed to: Minister for Immigration, Citizenship and Multicultural Affairs. 2. The appeal be dismissed. 3. The appellant pay the first respondent's costs, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.