CDR15 v Minister for Immigration and Border Protection [2015] FCA 1418

CDR15 v Minister for Immigration and Border Protection [2015] FCA 1418

Because the applicant had been removed from Australia, had departed at or around 9.21 am on 21 October 2015, and there was no appearance on his behalf when the matter was called, the Court dismissed the application pursuant to r 35.32(c) of the Federal Court Rules 2011.

Jurisdiction
Australia
Judgment Date
10 December 2015
Procedural Posture
Application for Leave to Appeal / Minister's Application to Dismiss the Application for Leave to Appeal Pursuant to R 35.32(c) of the Federal Court Rules 2011
Outcome
Application dismissed.
Legal Topics
['application for Leave to Appeal' 'dismissal of Application' 'non Appearance' 'removal From Australia' 'federal Court Rules 2011 R 35.32(c)']
['immigration' 'administrative Law' 'civil Procedure'] ['application for Leave to Appeal' 'dismissal of Application' 'non Appearance' 'removal From Australia' 'federal Court Rules 2011 R 35.32(c)']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Minister's Application to Dismiss the Application for Leave to Appeal Pursuant to R 35.32(c) of the Federal Court Rules 2011

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed pursuant to r 35.32(c) of the Federal Court Rules 2011.']

Ratio Decidendi

Because the applicant had been removed from Australia, had departed at or around 9.21 am on 21 October 2015, and there was no appearance on his behalf when the matter was called, the Court dismissed the application pursuant to r 35.32(c) of the Federal Court Rules 2011.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']