BYB16 v Minister for Immigration and Border Protection [2019] FCA 307

BYB16 v Minister for Immigration and Border Protection [2019] FCA 307

Given the appellant's failure to appear without explanation despite adjournments and opportunities to attend or contact the Court, it is appropriate to dismiss the appeal and order costs against the appellant under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Parties
Appellant: BYB16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Dismissal for Non Appearance, Costs, Judicial Review, Federal Court Procedure
Administrative Law Migration Law Dismissal for Non Appearance Costs Judicial Review Federal Court Procedure

Case Brief

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Parties

BYB16

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal should be dismissed due to appellant's non-appearance under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

Given the appellant's failure to appear without explanation despite adjournments and opportunities to attend or contact the Court, it is appropriate to dismiss the appeal and order costs against the appellant under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of and associated with the appeal.