BDL16 v Minister for Immigration and Border Protection [2018] FCA 1259

BDL16 v Minister for Immigration and Border Protection [2018] FCA 1259

The appellant had left Australia, his Bridging Visa Class E ceased on departure, he had no right of re-entry, no legal representative had filed a notice of acting, and he had filed no document other than the notice of appeal and taken no step to pursue the appeal after the listing was vacated. In those circumstances the Court was satisfied that the appellant had abandoned the appeal, and the proceeding was dismissed for want of prosecution pursuant to s 25(2B)(ba) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
21 August 2018
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Concerning Dismissal of an Application for Constitutional Writs in Relation to an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal Dismissed for Want of Prosecution
Outcome
The appeal was dismissed with costs.
Legal Topics
['protection Visa' 'safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority Review' 'constitutional Writs' 'want of Prosecution' 'abandonment of Appeal']
['migration' 'administrative and Constitutional Law' 'federal Court Procedure'] ['protection Visa' 'safe Haven Enterprise Visa' 'fast Track Reviewable Decision' 'immigration Assessment Authority Review' 'constitutional Writs' 'want of Prosecution' 'abandonment of Appeal']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Concerning Dismissal of an Application for Constitutional Writs in Relation to an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal Dismissed for Want of Prosecution

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for want of prosecution under Federal Court of Australia Act 1976 (Cth) s 25(2B)(ba) on the ground that the appellant had left Australia and abandoned the prosecution of the appeal.' 'Whether leave to appeal was required from the judgment and orders of the Federal Circuit Court.']

Ratio Decidendi

The appellant had left Australia, his Bridging Visa Class E ceased on departure, he had no right of re-entry, no legal representative had filed a notice of acting, and he had filed no document other than the notice of appeal and taken no step to pursue the appeal after the listing was vacated. In those circumstances the Court was satisfied that the appellant had abandoned the appeal, and the proceeding was dismissed for want of prosecution pursuant to s 25(2B)(ba) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

The appeal was dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The Appellant pay the First Respondent's costs of the appeal." 'Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these Orders and the Reasons for Judgment in support of these orders are made and...