DFD16 v Minister for Immigration and Border Protection [2018] FCA 1216

DFD16 v Minister for Immigration and Border Protection [2018] FCA 1216

It was appropriate to dismiss the appeal because the Appellant had ample notice of the hearing, did not attend, did not communicate with the Court or the Minister's solicitors to explain his non-attendance, had not shown an intention to prosecute the appeal apart from attending the Registry the previous day, and there was no reason to suppose his absence was due to illness, accident or other justifiable cause.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit Court Against Dismissal of Judicial Review of a Tribunal Decision Affirming Refusal of a Protection Visa; Appeal Dismissed for Non Attendance of the Appellant
Outcome
Appeal dismissed pursuant to r 36.75(1) of the Federal Court Rules 2011 (Cth).
Legal Topics
['protection Visa' 'migration Appeal' 'non Attendance at Appeal Hearing' 'dismissal Under Federal Court Rules']
['migration' 'administrative Law'] ['protection Visa' 'migration Appeal' 'non Attendance at Appeal Hearing' 'dismissal Under Federal Court Rules']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From the Federal Circuit Court Against Dismissal of Judicial Review of a Tribunal Decision Affirming Refusal of a Protection Visa; Appeal Dismissed for Non Attendance of the Appellant

Legal Issues

  1. 1 ['Whether the appeal should be dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth) because the Appellant was absent when the appeal was called on for hearing.']

Ratio Decidendi

It was appropriate to dismiss the appeal because the Appellant had ample notice of the hearing, did not attend, did not communicate with the Court or the Minister's solicitors to explain his non-attendance, had not shown an intention to prosecute the appeal apart from attending the Registry the previous day, and there was no reason to suppose his absence was due to illness, accident or other justifiable cause.

Court Disposition

Appeal dismissed pursuant to r 36.75(1) of the Federal Court Rules 2011 (Cth).

Orders

  • ['The appeal is dismissed pursuant to r 36.75(1) of the Federal Court Rules (Cth) 2011.' 'The Appellant is to pay the costs of the First Respondent of and incidental to the appeal.']