ASZ15 v Minister for Immigration and Border Protection [2017] FCA 203

ASZ15 v Minister for Immigration and Border Protection [2017] FCA 203

The appeal abated upon the death of the appellant because the statutory rights involved were personal and did not survive for any other person; no meaningful relief could be granted and the proceedings lacked subject matter.

Parties
Appellant: ASZ15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Appeal / Judgment
Outcome
proceeding dismissed
Legal Topics
Death of Party, Abatement of Proceedings, Visa Appeals, Judicial Review
Administrative Law Constitutional Law Human Rights Law Death of Party Abatement of Proceedings Visa Appeals Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

ASZ15

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Does the death of the appellant abate an appeal regarding refusal of a visa?
  2. 2 Can proceedings continue after the death of a visa applicant?

Ratio Decidendi

The appeal abated upon the death of the appellant because the statutory rights involved were personal and did not survive for any other person; no meaningful relief could be granted and the proceedings lacked subject matter.

Court Disposition

proceeding dismissed

Orders

  • The proceeding is dismissed.