AAL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 815

AAL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 815

The medical evidence did not establish the appellant could not participate in the proceedings and the request for adjournment was insufficient. The grounds of appeal did not establish any reviewable error, and the appeal lacked reasonable prospects of success. Dismissal of the appeal for non-appearance, pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), was appropriate.

Parties
Appellant: AAL17; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
01 July 2021
Procedural Posture
Appeal / Appeal From the Federal Circuit Court to the Federal Court of Australia
Outcome
Appeal dismissed for non-appearance
Legal Topics
Adjournment Application, Dismissal for Non Appearance, Judicial Review, Procedural Fairness, Allegation of Bias
Migration Law Administrative Law Adjournment Application Dismissal for Non Appearance Judicial Review Procedural Fairness Allegation of Bias

Case Brief

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Parties

AAL17

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Appeal From the Federal Circuit Court to the Federal Court of Australia

Legal Issues

  1. 1 Whether the refusal of an adjournment was appropriate
  2. 2 Whether the grounds of appeal disclosed a reviewable error
  3. 3 Whether the medical evidence supported adjournment

Ratio Decidendi

The medical evidence did not establish the appellant could not participate in the proceedings and the request for adjournment was insufficient. The grounds of appeal did not establish any reviewable error, and the appeal lacked reasonable prospects of success. Dismissal of the appeal for non-appearance, pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), was appropriate.

Court Disposition

Appeal dismissed for non-appearance

Orders

  • The name of the first respondent be amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'.
  • Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal be dismissed.