ACB17 v Minister for Immigration and Border Protection [2018] FCA 237

ACB17 v Minister for Immigration and Border Protection [2018] FCA 237

There is no prospect of success in the appeal, as the Tribunal and Federal Circuit Court both adequately considered and addressed the issues raised. The appellant's explanation for non-appearance and adjournment was insufficient. The appeal should be dismissed for want of prosecution and costs awarded against the appellant.

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Appeal / Judgment on Appeal, After Failure of Appellant to Appear
Outcome
Appeal dismissed for want of prosecution; costs ordered against appellant.
Legal Topics
['application for Extension of Time' 'dismissal for Want of Prosecution' 'judicial Review of Tribunal Decision' 'protection Visa Application']
['migration Law' 'administrative Law'] ['application for Extension of Time' 'dismissal for Want of Prosecution' 'judicial Review of Tribunal Decision' 'protection Visa Application']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal, After Failure of Appellant to Appear

Legal Issues

  1. 1 ['Whether appeal should be dismissed for want of prosecution' 'Whether grounds of appeal have merit' "Whether adjournment should be granted in absence of appellant's appearance"]

Ratio Decidendi

There is no prospect of success in the appeal, as the Tribunal and Federal Circuit Court both adequately considered and addressed the issues raised. The appellant's explanation for non-appearance and adjournment was insufficient. The appeal should be dismissed for want of prosecution and costs awarded against the appellant.

Court Disposition

Appeal dismissed for want of prosecution; costs ordered against appellant.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent, of and incidental to the appeal, to be taxed if not agreed.']