BTU15 v Minister for Immigration and Border Protection [2017] FCA 839

BTU15 v Minister for Immigration and Border Protection [2017] FCA 839

Given the applicant's failure to appear despite due notice and the application by the Minister's representative, it was appropriate to dismiss the application for leave to appeal pursuant to r 35.33(1)(a) and order the applicant to pay the first respondent's costs.

Jurisdiction
Australia
Judgment Date
24 July 2017
Procedural Posture
Application for Leave to Appeal / Hearing of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; costs ordered against applicant.
Legal Topics
['application for Leave to Appeal' 'dismissal for Non Attendance' 'protection Visa Refusal' 'procedural Fairness']
['migration Law' 'administrative Law'] ['application for Leave to Appeal' 'dismissal for Non Attendance' 'protection Visa Refusal' 'procedural Fairness']

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Procedural Posture

Application for Leave to Appeal / Hearing of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory decision of Federal Circuit Court' "Whether application for leave to appeal should be dismissed due to applicant's non-attendance"]

Ratio Decidendi

Given the applicant's failure to appear despite due notice and the application by the Minister's representative, it was appropriate to dismiss the application for leave to appeal pursuant to r 35.33(1)(a) and order the applicant to pay the first respondent's costs.

Court Disposition

Application for leave to appeal dismissed; costs ordered against applicant.

Orders

  • ['The application for leave to appeal is dismissed pursuant to r 35.33(1)(a) of the Federal Court Rules 2011 (Cth).' "The applicant must pay the first respondent's costs as agreed or taxed."]