BRL15 v Minister for Immigration and Border Protection (No 2) [2016] FCA 1478

BRL15 v Minister for Immigration and Border Protection (No 2) [2016] FCA 1478

The interlocutory application was dismissed because the material relied on by the appellant was not sufficient to justify reinstatement, and in any event the substantive appeal had insufficient merit: the appellant had filed no affidavit or submissions for the appeal, his grounds were general and unparticularised, and no error was identified in the Federal Circuit Court, Tribunal or Minister's decisions.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Migration Appeal; Interlocutory Application to Set Aside Dismissal and Reinstate Appeal / Federal Court Application for Reinstatement After Appeal Was Dismissed for Non Appearance
Outcome
Interlocutory application dismissed with costs.
Legal Topics
['protection Visa Refusal' 'judicial Review' 'dismissal for Non Appearance' 'reinstatement of Appeal' 'federal Court Rules 2011 (cth) R 36.75']
['migration' 'administrative Law' 'federal Court Procedure'] ['protection Visa Refusal' 'judicial Review' 'dismissal for Non Appearance' 'reinstatement of Appeal' 'federal Court Rules 2011 (cth) R 36.75']

Case Brief

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Procedural Posture

Migration Appeal; Interlocutory Application to Set Aside Dismissal and Reinstate Appeal / Federal Court Application for Reinstatement After Appeal Was Dismissed for Non Appearance

Legal Issues

  1. 1 ["Whether the order dismissing the appellant's appeal in his absence should be set aside or varied under r 36.75(2) of the Federal Court Rules 2011 (Cth)." 'Whether the appellant gave a sufficient explanation for failing to attend the appeal hearing.' 'Whether there would be any useful purpose in reinstating the appeal, including whether the appeal had reasonably arguable prospects of success.']

Ratio Decidendi

The interlocutory application was dismissed because the material relied on by the appellant was not sufficient to justify reinstatement, and in any event the substantive appeal had insufficient merit: the appellant had filed no affidavit or submissions for the appeal, his grounds were general and unparticularised, and no error was identified in the Federal Circuit Court, Tribunal or Minister's decisions.

Court Disposition

Interlocutory application dismissed with costs.

Orders

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