ABS16 v Minister for Immigration and Border Protection [2018] FCA 1101

ABS16 v Minister for Immigration and Border Protection [2018] FCA 1101

The appeal was dismissed because the appellant failed to attend two listed hearing dates, did not provide an adequate excuse or supporting evidence, failed to respond when offered the possibility of attending by telephone, and the evidence showed he had departed Australia, making the protection visa appeal lack utility.

Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Migration Appeal; Application to Dismiss Appeal Pursuant to R 36.75 of the Federal Court Rules 2011 (cth) / Federal Court Hearing on Application to Dismiss Appeal From Federal Circuit Court Decision
Outcome
Appeal dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth); appellant ordered to pay the Minister's costs as agreed or taxed.
Legal Topics
['protection Visa' 'judicial Review' 'dismissal of Appeal for Non Appearance' 'absence of Party' 'costs']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'dismissal of Appeal for Non Appearance' 'absence of Party' 'costs']

Case Brief

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Procedural Posture

Migration Appeal; Application to Dismiss Appeal Pursuant to R 36.75 of the Federal Court Rules 2011 (cth) / Federal Court Hearing on Application to Dismiss Appeal From Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under r 36.75 of the Federal Court Rules 2011 (Cth) because the appellant was absent when the appeal was called on for hearing.' 'Whether the appellant had provided an adequate excuse or evidence supporting an adjournment.' 'Whether the appeal lacked utility because the appellant had departed Australia and was no longer eligible to be granted the protection visa the subject of the Tribunal decision.']

Ratio Decidendi

The appeal was dismissed because the appellant failed to attend two listed hearing dates, did not provide an adequate excuse or supporting evidence, failed to respond when offered the possibility of attending by telephone, and the evidence showed he had departed Australia, making the protection visa appeal lack utility.

Court Disposition

Appeal dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth); appellant ordered to pay the Minister's costs as agreed or taxed.

Orders

  • ['The appeal be dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth).' "The appellant pay the Minister's costs as agreed or taxed."]