Chen v Minister for Immigration and Border Protection [2016] FCA 1027

Chen v Minister for Immigration and Border Protection [2016] FCA 1027

The application for leave to appeal was dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) because the applicant failed to appear at the hearing without an adequate reason, despite evidence of proper notice and service.

Jurisdiction
Australia
Judgment Date
23 August 2016
Procedural Posture
Application for Leave to Appeal / Hearing and Determination of Application for Leave to Appeal; Application Dismissed for Non Appearance
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['dismissal for Non Appearance' 'leave to Appeal' 'service of Notice' 'costs']
['administrative Law' 'immigration Law' 'practice and Procedure'] ['dismissal for Non Appearance' 'leave to Appeal' 'service of Notice' 'costs']

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

Application for Leave to Appeal / Hearing and Determination of Application for Leave to Appeal; Application Dismissed for Non Appearance

Legal Issues

  1. 1 ["Whether application for leave to appeal should be dismissed due to applicant's non-appearance" 'Whether proper service of notice of hearing occurred' 'Whether adjournment should be granted notwithstanding absence']

Ratio Decidendi

The application for leave to appeal was dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) because the applicant failed to appear at the hearing without an adequate reason, despite evidence of proper notice and service.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs as agreed or assessed."]