DYL16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1378

DYL16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1378

In light of the appellants’ failure to appear, file submissions, or communicate with the Court despite proper notice, and on the first respondent’s application, it is appropriate to dismiss the proceedings under Rule 36.75(1)(a) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
08 November 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; costs awarded to first respondent
Legal Topics
['dismissal for Non Appearance' 'appeal Procedures' 'costs']
['migration Law' 'administrative Law'] ['dismissal for Non Appearance' 'appeal Procedures' 'costs']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for non-appearance of the appellants']

Ratio Decidendi

In light of the appellants’ failure to appear, file submissions, or communicate with the Court despite proper notice, and on the first respondent’s application, it is appropriate to dismiss the proceedings under Rule 36.75(1)(a) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed; costs awarded to first respondent

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's cost of the appeal." 'The first respondent serve a copy of these reasons for judgment, once published, on the appellants forthwith upon receiving them.' "The first respondent's name be amended to 'Minister for Immigration, Citizenship and...