BKS16 v Minister for Immigration and Border Protection [2019] FCA 864

BKS16 v Minister for Immigration and Border Protection [2019] FCA 864

The Appellant failed to attend the appeal hearing despite having sufficient notice of the time and place of the hearing, and no explanation was given for that failure. The Court therefore exercised its discretion under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal with costs, without needing to consider the twelve new grounds of appeal.

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of a Protection Visa Refusal Affirmed by the Administrative Appeals Tribunal / Appeal Before the Federal Court Dismissed After the Appellant Failed to Attend the Hearing
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'jurisdictional Error' 'administrative Appeals Tribunal Non Appearance' 'new Grounds Raised for the First Time on Appeal' 'dismissal of Appeal for Failure to Attend']
['migration Law' 'administrative Law' 'federal Court Appellate Procedure'] ['protection Visa' 'judicial Review' 'jurisdictional Error' 'administrative Appeals Tribunal Non Appearance' 'new Grounds Raised for the First Time on Appeal' 'dismissal of Appeal for Failure to Attend']

Case Brief

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Procedural Posture

Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of a Protection Visa Refusal Affirmed by the Administrative Appeals Tribunal / Appeal Before the Federal Court Dismissed After the Appellant Failed to Attend the Hearing

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the Appellant failed to attend the hearing despite sufficient notice and gave no explanation' 'Whether the Appellant should be permitted to raise twelve new grounds of appeal not raised before the primary judge']

Ratio Decidendi

The Appellant failed to attend the appeal hearing despite having sufficient notice of the time and place of the hearing, and no explanation was given for that failure. The Court therefore exercised its discretion under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal with costs, without needing to consider the twelve new grounds of appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']