ALO17 v Minister for Immigration and Border Protection [2018] FCA 1515

ALO17 v Minister for Immigration and Border Protection [2018] FCA 1515

The applicant failed to appear at the hearing, his adjournment request repeated conduct that had occurred on three occasions in the Federal Circuit Court, and the Minister's application for dismissal under r 36.74(1) was therefore granted for want of appearance, with costs.

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Application for Leave to Appeal From Refusal of a Federal Circuit Court Judge to Reinstate an Application for Judicial Review / Application for Leave to Appeal Dismissed for Want of Appearance
Outcome
The application for leave to appeal was dismissed pursuant to r 36.74(1) of the Federal Court Rules 2011 (Cth), with costs.
Legal Topics
['leave to Appeal' 'judicial Review' 'reinstatement Application' 'dismissal for Want of Appearance' 'adjournment']
['administrative and Constitutional Law and Human Rights' 'immigration'] ['leave to Appeal' 'judicial Review' 'reinstatement Application' 'dismissal for Want of Appearance' 'adjournment']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Refusal of a Federal Circuit Court Judge to Reinstate an Application for Judicial Review / Application for Leave to Appeal Dismissed for Want of Appearance

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed under r 36.74(1) of the Federal Court Rules 2011 (Cth) for want of appearance.' 'Whether any application to reinstate the application for leave to appeal should be accompanied by evidence explaining the adjournment request and submissions justifying the appeal.']

Ratio Decidendi

The applicant failed to appear at the hearing, his adjournment request repeated conduct that had occurred on three occasions in the Federal Circuit Court, and the Minister's application for dismissal under r 36.74(1) was therefore granted for want of appearance, with costs.

Court Disposition

The application for leave to appeal was dismissed pursuant to r 36.74(1) of the Federal Court Rules 2011 (Cth), with costs.

Orders

  • ['The application for leave to appeal be dismissed, pursuant to r 36.74(1) of the Federal Court Rules 2011 (Cth), with costs.' "Any application to reinstate the application for leave to appeal be accompanied by: (a) an affidavit setting out full circumstances of why an adjournment was sought for the hearing on 5...