DCI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1261

DCI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1261

The appeal was dismissed because the appellant was repeatedly notified of the hearing but failed to appear, provided no reasonable explanation for his absence, and the grounds of appeal were unparticularised and disclosed no reviewable error.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Appeal / Judgment on Appeal (application to Dismiss for Non Appearance)
Outcome
Appeal dismissed for failure to attend hearing.
Legal Topics
['judicial Review' 'dismissal for Failure to Appear' 'appeal Grounds' 'procedural Fairness']
['migration Law' 'administrative Law'] ['judicial Review' 'dismissal for Failure to Appear' 'appeal Grounds' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal (application to Dismiss for Non Appearance)

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for failure of appellant to attend the hearing' 'Whether the grounds of appeal were sufficiently particularised to warrant consideration']

Ratio Decidendi

The appeal was dismissed because the appellant was repeatedly notified of the hearing but failed to appear, provided no reasonable explanation for his absence, and the grounds of appeal were unparticularised and disclosed no reviewable error.

Court Disposition

Appeal dismissed for failure to attend hearing.

Orders

  • ['Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the appeal be dismissed.' 'The appellant do pay the costs of the first respondent to be assessed on a lump sum basis by a Registrar unless agreed.']