CPJ15 v Minister for Immigration and Border Protection [2018] FCA 1813

CPJ15 v Minister for Immigration and Border Protection [2018] FCA 1813

The appellant failed to comply with orders requiring written submissions, did not attend the case management hearing, failed to indicate any intention to proceed with the appeal, and abandoned the proceeding; therefore, the appeal was dismissed for want of prosecution pursuant to s 25(2B)(ba) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed for want of prosecution with costs.
Legal Topics
['protection Visa' 'judicial Review' 'dismissal for Want of Prosecution']
['administrative Law'] ['protection Visa' 'judicial Review' 'dismissal for Want of Prosecution']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for want of prosecution' 'Compliance with court directions and orders']

Ratio Decidendi

The appellant failed to comply with orders requiring written submissions, did not attend the case management hearing, failed to indicate any intention to proceed with the appeal, and abandoned the proceeding; therefore, the appeal was dismissed for want of prosecution pursuant to s 25(2B)(ba) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed for want of prosecution with costs.

Orders

  • ['The appeal is dismissed for want of prosecution.' "The Appellant pay the First Respondent's costs of the appeal."]