CFZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 182

The application for leave to appeal must be dismissed because the applicant failed to attend a hearing relating to the application—specifically, the case management hearing—within the meaning of r 35.32(c) of the Federal Court Rules 2011; additionally, any grant of leave would be futile since the applicant is no longer in Australia, and presence is mandatory for protection visa eligibility.

Jurisdiction: Australia
Judgment Date: 04 March 2022
Procedural Posture: Application for Leave to Appeal / Application Dismissed at Case Management Hearing for Non Appearance
Outcome: Application for leave to appeal dismissed with costs
Legal Topics: ['leave to Appeal' 'dismissal for Non Appearance' 'protection Visa' 'case Management Hearing']

['migration Law' 'administrative Law'] ['leave to Appeal' 'dismissal for Non Appearance' 'protection Visa' 'case Management Hearing']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application Dismissed at Case Management Hearing for Non Appearance

Legal Issues

1 ['Whether application for leave to appeal should be dismissed due to failure to appear at a hearing' 'Whether a case management hearing is a hearing relating to the application for leave to appeal under r 35.32(c) of the Federal Court Rules 2011' 'Whether granting leave to appeal would be futile as applicant is not in Australia']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed with costs

Orders

['The application for leave to appeal be dismissed.' "The applicant is to pay the first respondent's costs, as taxed or agreed."]