AJO15 v Minister for Immigration and Border Protection [2018] FCA 203

AJO15 v Minister for Immigration and Border Protection [2018] FCA 203

The Appellant had notice of the hearing fixed for 20 February 2018 and did not appear; in those circumstances it was appropriate under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) to dismiss the appeal with costs.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Appeal From AJO15 V Minister for Immigration & Ors [2017] FCCA 2547 / Appeal Hearing; Appellant Did Not Appear
Outcome
Appeal dismissed with costs.
Legal Topics
['immigration' 'dismissal for Non Appearance' 'costs']
['administrative and Constitutional Law and Human Rights'] ['immigration' 'dismissal for Non Appearance' 'costs']

Case Brief

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Procedural Posture

Appeal From AJO15 V Minister for Immigration & Ors [2017] FCCA 2547 / Appeal Hearing; Appellant Did Not Appear

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the Appellant had notice of the hearing and did not appear.']

Ratio Decidendi

The Appellant had notice of the hearing fixed for 20 February 2018 and did not appear; in those circumstances it was appropriate under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) to dismiss the appeal with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The Appellant pay the First Respondent's costs, to be assessed in default of agreement"]