CAK15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 939

It was appropriate to exercise the discretion under r 36.75 to dismiss the appeal on the basis of the non-appearance of the appellant, there being no adjournment application pressed and no error identified in the primary judge's reasons.

Parties: Appellant: CAK15; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 09 August 2021
Procedural Posture: Appeal / Determination of Appeal for Failure to Appear
Outcome: Appeal dismissed for default of appearance
Legal Topics: Judicial Review, Protection Visa, Dismissal for Non Appearance, Discretion to Dismiss

Migration Law Administrative Law Judicial Review Protection Visa Dismissal for Non Appearance Discretion to Dismiss

Case Brief

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Parties

CAK15

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Determination of Appeal for Failure to Appear

Legal Issues

1 Whether the appeal should be dismissed due to the appellant's non-appearance
2 Whether there was error in the primary judge's dismissal of the application for judicial review

Ratio Decidendi

Court Disposition

Appeal dismissed for default of appearance

Orders

The appeal is dismissed for default of appearance pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).
The appellant must pay the first respondent's costs of the appeal fixed in the sum of $4,500.