ATQ16 v Minister for Immigration and Border Protection [2018] FCA 150

ATQ16 v Minister for Immigration and Border Protection [2018] FCA 150

The appeal was incompetent because the order appealed from was interlocutory and no leave to appeal was sought, as required by s 24(1A) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Appeal / Judgment on Competency of Appeal
Outcome
Proceeding dismissed with costs.
Legal Topics
['appeal Procedures' 'judicial Review' 'default Orders' 'requirement for Leave to Appeal' 'non Appearance at Hearing']
['migration Law' 'administrative Law'] ['appeal Procedures' 'judicial Review' 'default Orders' 'requirement for Leave to Appeal' 'non Appearance at Hearing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Competency of Appeal

Legal Issues

  1. 1 ['Whether the appeal was incompetent because leave to appeal was required under s 24(1A) of the Federal Court of Australia Act 1976 (Cth)' "Whether the Federal Circuit Court's order was interlocutory requiring leave to appeal" 'Whether the proceeding should be dismissed due to non-appearance of the appellant']

Ratio Decidendi

The appeal was incompetent because the order appealed from was interlocutory and no leave to appeal was sought, as required by s 24(1A) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Proceeding dismissed with costs.

Orders

  • ['The proceeding be dismissed.' "ATQ16 pay the first respondent's costs as agreed or taxed."]