DKK16 v Minister for Immigration and Border Protection [2018] FCA 823

DKK16 v Minister for Immigration and Border Protection [2018] FCA 823

The appeal was dismissed because the appellant failed to attend despite proper notice, did not provide affidavit evidence or medical evidence showing inability to appear in person or by telephone, did not establish a proper basis for adjournment or variation of the orders, and a preliminary review of the appeal grounds disclosed no obvious jurisdictional error by the IAA or appealable error by the Federal Circuit Court giving the appeal reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Migration Appeal From Decision of the Federal Circuit Court Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision / Application by First Respondent for Dismissal of Appeal Following Non Attendance by Appellant and Informal Requests for Adjournment
Outcome
Appeal dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth); appellant ordered to pay the respondents' costs.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority Fast Track Review' 'judicial Review' 'jurisdictional Error' 'adjournment' 'non Appearance' 'summary Dismissal' 'costs']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority Fast Track Review' 'judicial Review' 'jurisdictional Error' 'adjournment' 'non Appearance' 'summary Dismissal' 'costs']

Case Brief

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Procedural Posture

Migration Appeal From Decision of the Federal Circuit Court Dismissing an Application for Judicial Review of an Immigration Assessment Authority Decision / Application by First Respondent for Dismissal of Appeal Following Non Attendance by Appellant and Informal Requests for Adjournment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under r 36.75 of the Federal Court Rules 2011 (Cth) because the appellant did not appear.' 'Whether the appellant established a proper basis for an adjournment or variation of the dismissal orders on medical or legal representation grounds.' 'Whether the proposed grounds of appeal disclosed any real prospects of success or obvious appealable error by the Federal Circuit Court.' "Whether the Immigration Assessment Authority made jurisdictional error in relation to imputed LTTE political opinion, extortion by the CID or paramilitary groups, treatment of a Sri Lankan Member of Parliament's letter, serious harm or significant harm on return to Sri Lanka, and prison conditions or complementary protection."]

Ratio Decidendi

The appeal was dismissed because the appellant failed to attend despite proper notice, did not provide affidavit evidence or medical evidence showing inability to appear in person or by telephone, did not establish a proper basis for adjournment or variation of the orders, and a preliminary review of the appeal grounds disclosed no obvious jurisdictional error by the IAA or appealable error by the Federal Circuit Court giving the appeal reasonable prospects of success.

Court Disposition

Appeal dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth); appellant ordered to pay the respondents' costs.

Orders

  • ['The appeal is dismissed pursuant to rule 36.75 of the Federal Court Rules 2011 (Cth).' "The appellant pay the respondents' costs to be assessed if not agreed." "The appellant pay the respondents' costs of and incidental to today's hearing to be assessed if not agreed."]