Baddam v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 372

Baddam v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 372

The appeal was dismissed because the appellant failed to appear when the appeal was called on for hearing, had been informed of the hearing date by the Court and the respondent, had been given an opportunity to appear by Microsoft Teams, failed to file written submissions or respond to communications, and did not respond within the further seven days allowed after the hearing was adjourned.

Jurisdiction
Australia
Judgment Date
07 April 2022
Procedural Posture
Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Student Visa / Hearing of Appeal; Minister's Application for Dismissal for Non Attendance
Outcome
Appeal dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth); no order as to costs.
Legal Topics
['appeal From Federal Circuit Court of Australia' 'student Visa Refusal' 'administrative Appeals Tribunal Decision' 'dismissal for Non Attendance' 'federal Court Rules 2011 (cth) R 36.75']
['migration' 'administrative Law' 'federal Court Procedure'] ['appeal From Federal Circuit Court of Australia' 'student Visa Refusal' 'administrative Appeals Tribunal Decision' 'dismissal for Non Attendance' 'federal Court Rules 2011 (cth) R 36.75']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Student Visa / Hearing of Appeal; Minister's Application for Dismissal for Non Attendance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under r 36.75 of the Federal Court Rules 2011 (Cth) because the appellant was absent when the appeal was called on for hearing.']

Ratio Decidendi

The appeal was dismissed because the appellant failed to appear when the appeal was called on for hearing, had been informed of the hearing date by the Court and the respondent, had been given an opportunity to appear by Microsoft Teams, failed to file written submissions or respond to communications, and did not respond within the further seven days allowed after the hearing was adjourned.

Court Disposition

Appeal dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth); no order as to costs.

Orders

  • ['The appeal be dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth).']