Singh v Minister for Immigration and Border Protection [2018] FCA 778

Singh v Minister for Immigration and Border Protection [2018] FCA 778

The appellant knew the appeal hearing would proceed at 10.15am on 25 May 2018, did not attend, and provided no appropriately verified material on which the Court could act as an excuse for non-attendance. The Court therefore exercised its power, on the Minister's application, to dismiss the appeal for failure to attend.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of a Tribunal Decision Affirming Refusal of a Skilled (residence) (class Vb) Visa, Subclass 885 (skilled – Independent). / Hearing of Appeal in the Federal Court; Application by the Minister to Dismiss the Appeal for the Appellant's Failure to Attend.
Outcome
The appeal was dismissed with costs.
Legal Topics
['judicial Review of Visa Refusal' 'appeal From Federal Circuit Court' 'failure to Attend Appeal Hearing' 'adjournment Request' 'costs']
['administrative Law' 'migration Law' 'federal Court Practice and Procedure'] ['judicial Review of Visa Refusal' 'appeal From Federal Circuit Court' 'failure to Attend Appeal Hearing' 'adjournment Request' 'costs']

Case Brief

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Procedural Posture

Appeal From a Federal Circuit Court Judgment Dismissing an Application for Judicial Review of a Tribunal Decision Affirming Refusal of a Skilled (residence) (class Vb) Visa, Subclass 885 (skilled – Independent). / Hearing of Appeal in the Federal Court; Application by the Minister to Dismiss the Appeal for the Appellant's Failure to Attend.

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing.' "Whether the appellant's correspondence and medical material provided an adequate basis for an adjournment or excuse for non-attendance."]

Ratio Decidendi

The appellant knew the appeal hearing would proceed at 10.15am on 25 May 2018, did not attend, and provided no appropriately verified material on which the Court could act as an excuse for non-attendance. The Court therefore exercised its power, on the Minister's application, to dismiss the appeal for failure to attend.

Court Disposition

The appeal was dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent of and in connection with the appeal.']