BOR16 v Minister for Immigration and Border Protection [2019] FCA 396

BOR16 v Minister for Immigration and Border Protection [2019] FCA 396

In the circumstances, the interests of justice are best served by dismissing the appeal due to the appellant's failure to attend the hearing.

Parties
Appellant: BOR16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
19 February 2019
Procedural Posture
Appeal / Dismissal for Want of Appearance
Outcome
Appeal dismissed
Legal Topics
Dismissal for Want of Appearance, Judicial Review, Failure to Attend Hearing
Administrative Law Immigration Law Dismissal for Want of Appearance Judicial Review Failure to Attend Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

BOR16

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Dismissal for Want of Appearance

Legal Issues

  1. 1 Should the appeal be dismissed for the appellant's failure to attend the hearing?

Ratio Decidendi

In the circumstances, the interests of justice are best served by dismissing the appeal due to the appellant's failure to attend the hearing.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant pay the first respondent's costs of the appeal.