CVN16 v Minister for Immigration and Border Protection [2018] FCA 1371

In light of the appellant’s absence and lack of communication, and the fact that he has left Australia and is ineligible for the protection visa, the appeal was dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 with costs ordered against the appellant.

Parties: Appellant: CVN16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
Jurisdiction: Australia
Judgment Date: 29 August 2018
Procedural Posture: Appeal / Judgment on Appeal After Hearing; Appellant Not Present
Outcome: Appeal dismissed with costs
Legal Topics: Judicial Review, Dismissal of Appeal, Costs, Absence of Appellant, Protection Visa

Administrative Law Migration Law Judicial Review Dismissal of Appeal Costs Absence of Appellant Protection Visa

Case Brief

Summary, issues, holding and outcome

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Parties

CVN16

Appellant

Minister for Immigration and Border Protection

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal After Hearing; Appellant Not Present

Legal Issues

1 Whether the appeal should be dismissed in absence of the appellant under r 36.75 of the Federal Court Rules 2011 (Cth)
2 Whether utility remains in the appeal if appellant is no longer in Australia

Ratio Decidendi

Court Disposition

Appeal dismissed with costs

Orders

The appeal be dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth).
The appellant pay the first respondent's costs as assessed or agreed.