CQH16 v Minister for Immigration and Border Protection [2018] FCA 672

CQH16 v Minister for Immigration and Border Protection [2018] FCA 672

The appellant did not provide sufficient evidence to justify adjournment for mental health reasons, and there was no attendance or compliance with preparatory orders, nor any reasonably arguable grounds of appeal. The appeal was dismissed and costs were ordered against the appellant.

Parties
Appellant: CQH16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
10 May 2018
Procedural Posture
Appeal / Appeal From Decision of Federal Circuit Court to Federal Court
Outcome
Appeal dismissed; application for adjournment refused; costs ordered against appellant.
Legal Topics
Adjournment of Hearing, Summary Dismissal of Appeal, Jurisdictional Error
Administrative Law Migration Law Adjournment of Hearing Summary Dismissal of Appeal Jurisdictional Error

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

CQH16

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Appeal From Decision of Federal Circuit Court to Federal Court

Legal Issues

  1. 1 Whether the appellant provided a proper basis for adjournment due to mental health
  2. 2 Whether the appeal should be summarily dismissed for want of prosecution or arguable case

Ratio Decidendi

The appellant did not provide sufficient evidence to justify adjournment for mental health reasons, and there was no attendance or compliance with preparatory orders, nor any reasonably arguable grounds of appeal. The appeal was dismissed and costs were ordered against the appellant.

Court Disposition

Appeal dismissed; application for adjournment refused; costs ordered against appellant.

Orders

  • The application for the adjournment is refused.
  • The appeal is dismissed.