AGV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1430

AGV20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1430

Because the applicant had been notified of the hearing, did not appear, filed no written submissions, and gave no explanation for non-appearance, it was appropriate to dismiss the application for leave to appeal under r 35.33(1)(a)(i) and order the applicant to pay the Minister's costs.

Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Migration / Application for Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court of Australia Summarily Dismissing the Applicant's Judicial Review Application
Outcome
Application for leave to appeal dismissed with costs payable by the applicant to the first respondent.
Legal Topics
['leave to Appeal' 'interlocutory Judgment' 'judicial Review' 'non Appearance' 'summary Dismissal']
['migration' 'administrative and Constitutional Law and Human Rights'] ['leave to Appeal' 'interlocutory Judgment' 'judicial Review' 'non Appearance' 'summary Dismissal']

Case Brief

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Procedural Posture

Migration / Application for Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court of Australia Summarily Dismissing the Applicant's Judicial Review Application

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed where the applicant did not appear at the hearing and had filed no outline of written submissions.' "Whether the applicant should pay the first respondent's costs of the application."]

Ratio Decidendi

Because the applicant had been notified of the hearing, did not appear, filed no written submissions, and gave no explanation for non-appearance, it was appropriate to dismiss the application for leave to appeal under r 35.33(1)(a)(i) and order the applicant to pay the Minister's costs.

Court Disposition

Application for leave to appeal dismissed with costs payable by the applicant to the first respondent.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs of this application." 'The first respondent is to provide a copy of these orders and the reasons for judgment to the applicant, using the means of communication which are known to the first respondent.' "The first...