BWE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2044

BWE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2044

Because the appellants failed to appear at the substantive hearing, provided insufficient detail to justify an adjournment to obtain legal advice, filed no submissions, and identified no particular error in the Federal Circuit Court judgment, the Court exercised its discretion to dismiss the appeal for want of prosecution and default of appearance.

Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Appeal From Dismissal by the Federal Circuit Court of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Application for Dismissal of Appeal for Want of Prosecution and Default of Appearance
Outcome
The appeal was dismissed for want of prosecution and default of appearance.
Legal Topics
['dismissal for Want of Prosecution' 'default of Appearance' 'adjournment' 'judicial Review' 'protection Visas']
['practice and Procedure' 'migration Law' 'administrative Law'] ['dismissal for Want of Prosecution' 'default of Appearance' 'adjournment' 'judicial Review' 'protection Visas']

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

Appeal From Dismissal by the Federal Circuit Court of an Application for Judicial Review of an Administrative Appeals Tribunal Migration Decision / Application for Dismissal of Appeal for Want of Prosecution and Default of Appearance

Legal Issues

  1. 1 ['Whether the appeal should be adjourned to allow the appellants to seek legal representation.' 'Whether the appeal should be dismissed for want of prosecution and default of appearance when the appellants did not appear at the listed hearing.' 'Whether the appellants had provided a sufficient factual foundation or identified error in the judgment below to justify an adjournment.']

Ratio Decidendi

Because the appellants failed to appear at the substantive hearing, provided insufficient detail to justify an adjournment to obtain legal advice, filed no submissions, and identified no particular error in the Federal Circuit Court judgment, the Court exercised its discretion to dismiss the appeal for want of prosecution and default of appearance.

Court Disposition

The appeal was dismissed for want of prosecution and default of appearance.

Orders

  • ['In respect of exhibits 1, 2, 3, 4, 5, 6, 7 and 8, no copy thereof be made available to a person other than a party or their legal representative or the Minister or a member of his Department without redaction of the names of any of the appellants or their respective email addresses.' 'The appeal be dismissed.'...