BLB17 v Minister for Immigration and Border Protection [2018] FCA 661

BLB17 v Minister for Immigration and Border Protection [2018] FCA 661

The application for leave to appeal is dismissed for reason of non-appearance, pursuant to r 36.74(1)(c) of the Federal Court Rules 2011 (Cth), and an order for costs is made in the absence of the applicant.

Parties
Applicant: BLB17; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Appeal / Application for Leave to Appeal Dismissed
Outcome
Application for leave to appeal dismissed with costs for reason of non-appearance
Legal Topics
Judicial Review, Tribunal Decision, Procedural Fairness
Administrative Law Judicial Review Tribunal Decision Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

BLB17

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 Whether the application for leave to appeal should be dismissed for non-appearance
  2. 2 Whether the Tribunal’s decision was legally reasonable

Ratio Decidendi

The application for leave to appeal is dismissed for reason of non-appearance, pursuant to r 36.74(1)(c) of the Federal Court Rules 2011 (Cth), and an order for costs is made in the absence of the applicant.

Court Disposition

Application for leave to appeal dismissed with costs for reason of non-appearance

Orders

  • The application for leave to appeal is dismissed with costs for reason of non-appearance, pursuant to r 36.74(1)(c) of the Federal Court Rules 2011 (Cth).