AVU16 v Minister for Immigration and Border Protection [2018] FCA 815

AVU16 v Minister for Immigration and Border Protection [2018] FCA 815

The appeal was dismissed as the appellant failed to appear at the hearing despite being notified, and the requirements for dismissal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) were satisfied.

Parties
Appellant: AVU16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Appeal / Judgment on Application to Dismiss for Non Appearance
Outcome
Appeal dismissed for non-appearance; costs ordered against appellant.
Legal Topics
Judicial Review, Dismissal for Non Appearance
Administrative Law Judicial Review Dismissal for Non Appearance

Case Brief

Summary, issues, holding and outcome

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Parties

AVU16

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Application to Dismiss for Non Appearance

Legal Issues

  1. 1 Whether the appeal should be dismissed for non-appearance under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

The appeal was dismissed as the appellant failed to appear at the hearing despite being notified, and the requirements for dismissal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) were satisfied.

Court Disposition

Appeal dismissed for non-appearance; costs ordered against appellant.

Orders

  • The appeal be dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).
  • The appellant pay the first respondent's costs as agreed or taxed.