Manage v Minister for Immigration and Border Protection [2015] FCA 161

Manage v Minister for Immigration and Border Protection [2015] FCA 161

Because the matter was called on for hearing and the applicant was absent, r 36.75 permitted dismissal, and it was appropriate to dismiss the proceeding with costs.

Jurisdiction
Australia
Judgment Date
23 February 2015
Procedural Posture
Migration Application for Leave to Appeal From Federal Circuit Court Dismissal of Judicial Review / Hearing of Application for Leave to Appeal; Applicant Absent
Outcome
Application dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'judicial Review' 'skilled (provisional) (class Vc) Subclass 485 Visa' 'dismissal for Non Appearance']
['migration' 'administrative Law' 'civil Procedure'] ['application for Leave to Appeal' 'judicial Review' 'skilled (provisional) (class Vc) Subclass 485 Visa' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Federal Circuit Court Dismissal of Judicial Review / Hearing of Application for Leave to Appeal; Applicant Absent

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed when the applicant was absent when the appeal was called on for hearing.']

Ratio Decidendi

Because the matter was called on for hearing and the applicant was absent, r 36.75 permitted dismissal, and it was appropriate to dismiss the proceeding with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']