CRA16 v Minister for Immigration and Border Protection [2019] FCA 274

CRA16 v Minister for Immigration and Border Protection [2019] FCA 274

The appellant had been notified of the date and time of the hearing and failed to appear. Under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the first respondent was entitled to seek dismissal, and the Court dismissed the appeal and ordered the appellant to pay the first respondent's costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Appeal / Hearing of Appeal
Outcome
Appeal dismissed.
Legal Topics
['dismissal of Appeal for Non Appearance' 'federal Court Procedure' 'costs']
['administrative and Constitutional Law and Human Rights' 'immigration'] ['dismissal of Appeal for Non Appearance' 'federal Court Procedure' 'costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Hearing of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) because the appellant was absent when the appeal was called on for hearing.' "Whether the appellant should pay the first respondent's costs."]

Ratio Decidendi

The appellant had been notified of the date and time of the hearing and failed to appear. Under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the first respondent was entitled to seek dismissal, and the Court dismissed the appeal and ordered the appellant to pay the first respondent's costs.

Court Disposition

Appeal dismissed.

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 taxed."]