AZAES v Minister for Immigration and Border Protection [2015] FCA 180

AZAES v Minister for Immigration and Border Protection [2015] FCA 180

The application for leave to appeal was dismissed as there was no error by the Federal Circuit Court judge in refusing to set aside the earlier judgment or in the analysis of the Refugee Review Tribunal decision; non-attendance and insufficient explanation for absence did not establish grounds to disturb the orders below.

Parties
Applicant: AZAES; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; costs ordered against applicant.
Legal Topics
Judicial Review, Appeal Procedures, Non Attendance at Hearing, Jurisdictional Error
Administrative Law Immigration Law Judicial Review Appeal Procedures Non Attendance at Hearing Jurisdictional Error

Case Brief

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Parties

AZAES

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Federal Circuit Court judge erred in refusing to set aside the earlier decision dismissing the application for review of the Refugee Review Tribunal decision
  2. 2 Whether non-attendance by the applicant provides grounds to set aside previous orders
  3. 3 Whether the medical certificate provided explained absence sufficiently

Ratio Decidendi

The application for leave to appeal was dismissed as there was no error by the Federal Circuit Court judge in refusing to set aside the earlier judgment or in the analysis of the Refugee Review Tribunal decision; non-attendance and insufficient explanation for absence did not establish grounds to disturb the orders below.

Court Disposition

Application for leave to appeal dismissed; costs ordered against applicant.

Orders

  • The application for leave to appeal be dismissed with the applicant to pay the first respondent's costs in the sum of $1,756.00.
  • The first respondent notify the applicant by letter of the terms of these orders and the reasons therefore when those reasons are settled and available, drawing his attention to any statutory right or any right under the rules that they may have in relation to the orders.