ARF17 v Minister for Immigration and Border Protection [2018] FCA 1281

ARF17 v Minister for Immigration and Border Protection [2018] FCA 1281

It is appropriate to dismiss the application for leave to appeal under r 35.32 of the Federal Court Rules 2011 (Cth) as the applicant did not attend the hearing despite proper notice.

Parties
Applicant: ARF17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Application for Leave to Appeal / Hearing of Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Dismissal for Non Appearance, Court Procedure
Administrative Law Leave to Appeal Dismissal for Non Appearance Court Procedure

Case Brief

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Parties

ARF17

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Hearing of Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal should be dismissed due to the applicant's failure to appear

Ratio Decidendi

It is appropriate to dismiss the application for leave to appeal under r 35.32 of the Federal Court Rules 2011 (Cth) as the applicant did not attend the hearing despite proper notice.

Court Disposition

Application dismissed with costs

Orders

  • The applicant's application for leave to appeal dated 12 February 2018 be dismissed.
  • The applicant pay the first respondent's costs of and incidental to the application.