ALG15 v Minister for Immigration and Border Protection [2017] FCA 560

ALG15 v Minister for Immigration and Border Protection [2017] FCA 560

The appeal was dismissed pursuant to FCR 36.75(1)(a)(i) due to the appellant's non-appearance and, on a preliminary view, having poor prospects of success. Grounds of appeal based on SZSSJ/SZTZI were misconceived, as there was no evidence the Minister had made a 'personal procedural decision' relevantly or that the Tribunal lacked jurisdiction. The Court acceded to the application for dismissal and ordered costs against the appellant.

Jurisdiction
Australia
Judgment Date
18 May 2017
Procedural Posture
Appeal / Judgment — Hearing of Appeal in Absence of Appellant; Determination of Application for Dismissal
Outcome
Appeal dismissed; costs ordered against appellant.
Legal Topics
['dismissal for Non Appearance' 'protection Visa—data Breach' 'adjournment Application' 'case Management']
['administrative Law' 'migration Law' 'practice and Procedure'] ['dismissal for Non Appearance' 'protection Visa—data Breach' 'adjournment Application' 'case Management']

Case Brief

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Procedural Posture

Appeal / Judgment — Hearing of Appeal in Absence of Appellant; Determination of Application for Dismissal

Legal Issues

  1. 1 ['Whether appeal should be dismissed in absence of appellant under FCR 36.75(1)(a)(i)' 'Whether grounds of appeal based on alleged failure to follow SZSSJ/ SZTZI are arguable' 'Entitlement to costs upon dismissal']

Ratio Decidendi

The appeal was dismissed pursuant to FCR 36.75(1)(a)(i) due to the appellant's non-appearance and, on a preliminary view, having poor prospects of success. Grounds of appeal based on SZSSJ/SZTZI were misconceived, as there was no evidence the Minister had made a 'personal procedural decision' relevantly or that the Tribunal lacked jurisdiction. The Court acceded to the application for dismissal and ordered costs against the appellant.

Court Disposition

Appeal dismissed; costs ordered against appellant.

Orders

  • ['The appeal be dismissed pursuant to FCR 36.75(1)(a)(i).' "The appellant is to pay the first respondent's costs as taxed or agreed."]