Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 909

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 909

The Court exercised its discretion under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) to dismiss the appeal because the appellants did not appear at the hearing despite having been notified of the hearing and warned that non-appearance could result in dismissal, gave no explanation for their absence, and the sole appeal ground identified no apparent error by the primary judge. The Court ordered fixed costs of $4,000 because that amount was reasonable in light of Schedule 3 item 15.2 and the short hearing caused by the appellants' non-appearance.

Jurisdiction
Australia
Judgment Date
12 August 2024
Procedural Posture
Migration Appeal From Decision of the Federal Circuit and Family Court of Australia (division 2) Dismissing an Application for Judicial Review / Hearing of Appeal; Appeal Dismissed for Default of Appearance
Outcome
Appeal dismissed for default of appearance; appellants ordered to pay the first respondent's costs fixed at $4,000.
Legal Topics
['default of Appearance on Appeal' 'judicial Review of Administrative Appeals Tribunal Decision' 'subclass 186 Employer Nomination (permanent) (class En) Visas' 'costs']
['migration' 'administrative Law' 'federal Court Procedure'] ['default of Appearance on Appeal' 'judicial Review of Administrative Appeals Tribunal Decision' 'subclass 186 Employer Nomination (permanent) (class En) Visas' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Appeal From Decision of the Federal Circuit and Family Court of Australia (division 2) Dismissing an Application for Judicial Review / Hearing of Appeal; Appeal Dismissed for Default of Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellants were absent when the appeal was called on for hearing' 'Whether the appellants had notice of the hearing and the potential consequences of non-appearance' 'Whether the sole ground of appeal identified any apparent error by the primary judge' 'Whether the first respondent should receive fixed costs of the appeal']

Ratio Decidendi

The Court exercised its discretion under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) to dismiss the appeal because the appellants did not appear at the hearing despite having been notified of the hearing and warned that non-appearance could result in dismissal, gave no explanation for their absence, and the sole appeal ground identified no apparent error by the primary judge. The Court ordered fixed costs of $4,000 because that amount was reasonable in light of Schedule 3 item 15.2 and the short hearing caused by the appellants' non-appearance.

Court Disposition

Appeal dismissed for default of appearance; appellants ordered to pay the first respondent's costs fixed at $4,000.

Orders

  • ['Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal is dismissed for default of appearance.' "The appellants must pay the first respondent's costs of the appeal, fixed in the sum of $4,000."]