CQS16 v Minister for Immigration and Border Protection [2018] FCA 172

CQS16 v Minister for Immigration and Border Protection [2018] FCA 172

In the absence of a formal adjournment application and supporting evidence, and since the appellant did not appear despite being notified of the hearing date, the appeal should be dismissed with costs according to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
26 February 2018
Procedural Posture
Appeal / Judgment on Application to Dismiss Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['appeal Procedure' 'dismissal for Non Appearance' 'costs']
['administrative Law'] ['appeal Procedure' 'dismissal for Non Appearance' 'costs']

Case Brief

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Procedural Posture

Appeal / Judgment on Application to Dismiss Appeal

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for non-attendance by the appellant' 'Whether an adjournment should be granted on medical grounds without formal application or evidence']

Ratio Decidendi

In the absence of a formal adjournment application and supporting evidence, and since the appellant did not appear despite being notified of the hearing date, the appeal should be dismissed with costs according to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed with costs

Orders

  • ['Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) the appeal be dismissed.' "The appellant pay the first respondent's costs as agreed or assessed."]