BLU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1348

BLU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1348

Because the appellant had been notified of the hearing, had not filed written submissions, had not communicated with the Court other than acknowledging directions, and did not appear when the proceedings were called, it was appropriate to dismiss the appeal pursuant to Federal Court Rules 2011 (Cth) r 36.75(1)(a).

Jurisdiction
Australia
Judgment Date
08 November 2022
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Protection Visa / Appeal Hearing in the Federal Court of Australia
Outcome
Appeal dismissed with costs payable by the appellant to the first respondent.
Legal Topics
['protection Visa' 'immigration Assessment Authority' 'judicial Review' 'dismissal of Appeal for Non Appearance']
['migration Law' 'administrative Law'] ['protection Visa' 'immigration Assessment Authority' 'judicial Review' 'dismissal of Appeal for Non Appearance']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Protection Visa / Appeal Hearing in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant had been notified of the hearing but did not appear, file submissions, or communicate with the Court.']

Ratio Decidendi

Because the appellant had been notified of the hearing, had not filed written submissions, had not communicated with the Court other than acknowledging directions, and did not appear when the proceedings were called, it was appropriate to dismiss the appeal pursuant to Federal Court Rules 2011 (Cth) r 36.75(1)(a).

Court Disposition

Appeal dismissed with costs payable by the appellant to the first respondent.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]