Thummala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1488

Thummala v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1488

The appellants had notice of the hearing date, were reminded of the listing, were told they could appear in person, and were provided with a Microsoft Teams link, but there was no appearance by or on behalf of them when the appeal was called and after a short adjournment; accordingly the appeal was dismissed under r 36.75(1) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
22 November 2023
Procedural Posture
Migration Appeal / Appeal From Decision of Federal Circuit Court Dismissing Application for Judicial Review; Dismissed for Non Appearance
Outcome
Appeal dismissed for non-appearance; first and second appellants ordered to pay the first respondent's costs, to be taxed.
Legal Topics
['dismissal for Non Appearance' 'federal Court Appeal Procedure' 'costs']
['migration' 'administrative Law'] ['dismissal for Non Appearance' 'federal Court Appeal Procedure' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal / Appeal From Decision of Federal Circuit Court Dismissing Application for Judicial Review; Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under r 36.75(1) of the Federal Court Rules 2011 (Cth) because the appellants were absent when the appeal was called on for hearing.' 'Whether costs should be ordered in favour of the Minister.']

Ratio Decidendi

The appellants had notice of the hearing date, were reminded of the listing, were told they could appear in person, and were provided with a Microsoft Teams link, but there was no appearance by or on behalf of them when the appeal was called and after a short adjournment; accordingly the appeal was dismissed under r 36.75(1) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed for non-appearance; first and second appellants ordered to pay the first respondent's costs, to be taxed.

Orders

  • ['Pursuant to rule 36.75(1) of the Federal Court Rules 2011 (Cth), the appeal be dismissed.' "The first and second appellants pay the first respondent's costs, to be taxed."]