BVW19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1458

BVW19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1458

The appellant left Australia on 25 April 2021, had not returned, his WC-030 visa no longer provided a basis for valid re-entry, he did not respond to the Court's email about the case management conference and did not attend the hearing; the Court was satisfied that he had abandoned the appeal and was not in a position to prosecute it, so the appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
09 November 2021
Procedural Posture
Migration Appeal / Application to Dismiss an Appeal Proceeding
Outcome
Appeal dismissed.
Legal Topics
['appeal From Federal Circuit Court of Australia' 'judicial Review of Administrative Appeals Tribunal Decision' 'dismissal of Appeal' 'abandonment or Failure to Prosecute Appeal']
['migration' 'administrative Law'] ['appeal From Federal Circuit Court of Australia' 'judicial Review of Administrative Appeals Tribunal Decision' 'dismissal of Appeal' 'abandonment or Failure to Prosecute Appeal']

Case Brief

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Procedural Posture

Migration Appeal / Application to Dismiss an Appeal Proceeding

Legal Issues

  1. 1 ['Whether the appeal should be dismissed on the basis that the appellant had abandoned the appeal and was not in a position to prosecute it.']

Ratio Decidendi

The appellant left Australia on 25 April 2021, had not returned, his WC-030 visa no longer provided a basis for valid re-entry, he did not respond to the Court's email about the case management conference and did not attend the hearing; the Court was satisfied that he had abandoned the appeal and was not in a position to prosecute it, so the appeal was dismissed with costs.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'The appellant pay the costs of the first respondent of and incidental to the appeal.']