BVU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1294

BVU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1294

Because the appellant had indicated she did not intend to proceed, had not filed a Notice of Discontinuance in the required form, and did not appear when the matter was called, it was appropriate to dismiss the appeal with costs pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Migration Appeal From Decision of the Federal Circuit Court of Australia / Appeal Hearing
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'non Appearance at Hearing' 'dismissal of Appeal']
['migration' 'administrative and Constitutional Law and Human Rights'] ['protection Visa' 'judicial Review' 'non Appearance at Hearing' 'dismissal of Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From Decision of the Federal Circuit Court of Australia / Appeal Hearing

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant did not appear at the hearing and had indicated she did not intend to proceed with the appeal.']

Ratio Decidendi

Because the appellant had indicated she did not intend to proceed, had not filed a Notice of Discontinuance in the required form, and did not appear when the matter was called, it was appropriate to dismiss the appeal with costs pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal be dismissed with costs.' 'Should an application be made by the appellant to set aside order (1) above made in her absence, the matter be placed in the docket of Justice Burley.' 'That the name of the first respondent be amended to...