CID17 v Minister for Immigration and Border Protection [2018] FCA 1680

CID17 v Minister for Immigration and Border Protection [2018] FCA 1680

The applicant failed to attend the first case management hearing, the only document filed by the applicant was the originating application, and the referenced affidavit was not on the court file or served on the first respondent; the applicant was therefore in default under r 5.22(c), justifying dismissal under r 5.23(1)(b)(i).

Jurisdiction
Australia
Judgment Date
05 November 2018
Procedural Posture
Application for Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) / First Case Management Hearing
Outcome
Originating application dismissed with costs as agreed or assessed.
Legal Topics
['judicial Review' 'failure to Appear' 'dismissal for Want of Attendance' 'federal Court Procedure']
['migration' 'administrative and Constitutional Law and Human Rights'] ['judicial Review' 'failure to Appear' 'dismissal for Want of Attendance' 'federal Court Procedure']

Case Brief

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Procedural Posture

Application for Judicial Review Under S 39 B of the Judiciary Act 1903 (cth) / First Case Management Hearing

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed under rr 5.22 and 5.23 of the Federal Court Rules 2011 because the applicant failed to attend.']

Ratio Decidendi

The applicant failed to attend the first case management hearing, the only document filed by the applicant was the originating application, and the referenced affidavit was not on the court file or served on the first respondent; the applicant was therefore in default under r 5.22(c), justifying dismissal under r 5.23(1)(b)(i).

Court Disposition

Originating application dismissed with costs as agreed or assessed.

Orders

  • ['The originating application filed 3 October 2018 be dismissed under r 5.23(1)(b)(i) of the Federal Court Rules 2011, with costs as agreed or assessed.']