CFO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1144

CFO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1144

The appeal was dismissed because the appellant failed to appear at the case management hearing or respond to repeated communications by the Court and the respondent, and the requirements of r 5.23(1)(b) of the Federal Court Rules 2011 (Cth) were met.

Jurisdiction
Australia
Judgment Date
23 September 2022
Procedural Posture
Appeal / Judgment After Non Appearance at Case Management Hearing
Outcome
Appeal dismissed, with costs to the first respondent; liberty to apply within 14 days for an order vacating the dismissal on sufficient cause being shown.
Legal Topics
['dismissal of Appeal' 'non Appearance' 'case Management' 'temporary Protection Visa' 'review of Immigration Assessment Authority Decision']
['migration Law' 'administrative Law'] ['dismissal of Appeal' 'non Appearance' 'case Management' 'temporary Protection Visa' 'review of Immigration Assessment Authority Decision']

Case Brief

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Procedural Posture

Appeal / Judgment After Non Appearance at Case Management Hearing

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for failure to appear or respond at case management hearing']

Ratio Decidendi

The appeal was dismissed because the appellant failed to appear at the case management hearing or respond to repeated communications by the Court and the respondent, and the requirements of r 5.23(1)(b) of the Federal Court Rules 2011 (Cth) were met.

Court Disposition

Appeal dismissed, with costs to the first respondent; liberty to apply within 14 days for an order vacating the dismissal on sufficient cause being shown.

Orders

  • ['Subject to order 3, the appeal be dismissed.' 'The first respondent serve a copy of these orders on the appellant: (a) personally; (b) by the email address identified in the notice of appeal, as soon as reasonably practicable.' 'Reserve liberty to the appellant to apply within 14 days of personal service pursuant...