CQR16 v Minister for Home Affairs [2020] FCA 205

CQR16 v Minister for Home Affairs [2020] FCA 205

The appellant had been notified of the hearing and warned that dismissal and costs would be sought if he did not attend, but he did not appear, had filed no written submissions, and had not responded to communications; in those circumstances dismissal of the appeal under r 36.75(1) was appropriate.

Jurisdiction
Australia
Judgment Date
25 February 2020
Procedural Posture
Migration Appeal / Hearing; Application for Dismissal for Non Appearance
Outcome
Appeal dismissed; appellant ordered to pay the first respondent's fixed costs.
Legal Topics
['non Appearance at Hearing' 'dismissal Under R 36.75(1) of the Federal Court Rules 2011 (cth)' 'certificate Purportedly Issued Under S 473 GB of the Migration Act 1958 (cth)']
['migration' 'administrative and Constitutional Law and Human Rights'] ['non Appearance at Hearing' 'dismissal Under R 36.75(1) of the Federal Court Rules 2011 (cth)' 'certificate Purportedly Issued Under S 473 GB of the Migration Act 1958 (cth)']

Case Brief

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Procedural Posture

Migration Appeal / Hearing; Application for Dismissal for Non Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant did not appear at the hearing.' 'Whether the Court should exercise power under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

The appellant had been notified of the hearing and warned that dismissal and costs would be sought if he did not attend, but he did not appear, had filed no written submissions, and had not responded to communications; in those circumstances dismissal of the appeal under r 36.75(1) was appropriate.

Court Disposition

Appeal dismissed; appellant ordered to pay the first respondent's fixed costs.

Orders

  • ['The appeal be dismissed pursuant to r 36.75(1) of the Federal Court Rules 2011 (Cth).' "The appellant pay the first respondent's costs fixed in the sum of $5,000."]