ALD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 735

ALD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 735

The appeal was dismissed under r 36.74(1)(c) because the appellant failed to attend a case management hearing relating to the appeal after repeated emails to the nominated email address, unsuccessful telephone contact attempts, and notice that the Court may consider a dismissal application. Although the Minister's email giving notice of the application on the morning of the hearing would normally be inadequate, the Court was satisfied it was sufficient in the circumstances given the earlier Court emails and the appellant's prolonged lack of communication. Because no notice of the hearing had been served at the appellant's nominated physical address, the dismissal and costs order were made...

Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Migration Appeal From Orders of the Federal Circuit Court of Australia Affirming a Decision of the Immigration Assessment Authority to Affirm a Delegate's Decision Not to Grant a Protection Visa / Case Management Hearing; First Respondent's Application to Dismiss the Appeal for the Appellant's Failure to Appear
Outcome
Appeal dismissed with costs, subject to liberty to apply within 14 days to vary or set aside the dismissal order for good cause.
Legal Topics
['protection Visa' 'dismissal of Appeal for Failure to Attend a Hearing' 'address for Service by Email' 'unrepresented Litigant' 'liberty to Apply to Vary or Set Aside Dismissal Order' 'costs']
['migration' 'practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['protection Visa' 'dismissal of Appeal for Failure to Attend a Hearing' 'address for Service by Email' 'unrepresented Litigant' 'liberty to Apply to Vary or Set Aside Dismissal Order' 'costs']

Case Brief

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Procedural Posture

Migration Appeal From Orders of the Federal Circuit Court of Australia Affirming a Decision of the Immigration Assessment Authority to Affirm a Delegate's Decision Not to Grant a Protection Visa / Case Management Hearing; First Respondent's Application to Dismiss the Appeal for the Appellant's Failure to Appear

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under r 36.74(1)(c) of the Federal Court Rules 2011 because the appellant failed to attend a hearing relating to the appeal.' "Whether notice of the first respondent's application for dismissal was sufficient despite being served by email on the morning of the case management hearing." 'Whether the appellant should be given liberty to apply to vary or set aside the dismissal order because no notice was served at the nominated physical address.']

Ratio Decidendi

The appeal was dismissed under r 36.74(1)(c) because the appellant failed to attend a case management hearing relating to the appeal after repeated emails to the nominated email address, unsuccessful telephone contact attempts, and notice that the Court may consider a dismissal application. Although the Minister's email giving notice of the application on the morning of the hearing would normally be inadequate, the Court was satisfied it was sufficient in the circumstances given the earlier Court emails and the appellant's prolonged lack of communication. Because no notice of the hearing had been served at the appellant's nominated physical address, the dismissal and costs order were made...

Court Disposition

Appeal dismissed with costs, subject to liberty to apply within 14 days to vary or set aside the dismissal order for good cause.

Orders

  • ['Subject to order 3, the appeal be dismissed with costs.' 'The first respondent forthwith serve a copy of these orders on the appellant (a) by email, and (b) physically at the addresses recorded on the notice of appeal filed on 16 October 2019.' 'The appellant have liberty to apply, within 14 days of these orders...