CIR15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1952

CIR15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1952

The appellant filed no written submissions, did not appear when the appeal was called for hearing, and did not provide evidence or a statutory declaration supporting his request to vacate the hearing after the Court asked him to do so. In those circumstances, the Court dismissed the appeal under rule 36.75(1) of the Federal Court Rules 2011 and ordered costs.

Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia / Hearing of Appeal; Appellant Did Not Appear; Appeal Dismissed
Outcome
Appeal dismissed under rule 36.75(1) of the Federal Court Rules 2011; appellant ordered to pay the first respondent's costs of the appeal.
Legal Topics
['protection Visa Refusal' 'judicial Review' 'dismissal of Appeal for Non Appearance' 'extension of Time in Which to Appeal']
['migration' 'administrative Law'] ['protection Visa Refusal' 'judicial Review' 'dismissal of Appeal for Non Appearance' 'extension of Time in Which to Appeal']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia / Hearing of Appeal; Appellant Did Not Appear; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under rule 36.75(1) of the Federal Court Rules 2011 because the appellant was absent when the appeal was called on for hearing.' "Whether the appellant's unsupported request to vacate and reschedule the hearing should prevent dismissal of the appeal."]

Ratio Decidendi

The appellant filed no written submissions, did not appear when the appeal was called for hearing, and did not provide evidence or a statutory declaration supporting his request to vacate the hearing after the Court asked him to do so. In those circumstances, the Court dismissed the appeal under rule 36.75(1) of the Federal Court Rules 2011 and ordered costs.

Court Disposition

Appeal dismissed under rule 36.75(1) of the Federal Court Rules 2011; appellant ordered to pay the first respondent's costs of the appeal.

Orders

  • ['The appeal be dismissed under rule 36.75(1) of the Federal Court Rules 2011.' "The appellant pay the first respondent's costs of the appeal." 'The Minister give written notice to the appellant that the appellant has the right to apply to the Court under rule 36.75(2) of the Federal Court Rules 2011 to set aside...