DHC16 v Minister for Home Affairs [2019] FCA 642

DHC16 v Minister for Home Affairs [2019] FCA 642

Given the applicant's repeated failure to attend hearings despite ample notice, lack of explanation, and absence of merit in the grounds for appeal, it was appropriate to dismiss the application for leave to appeal under r 35.33 of the Federal Court Rules 2011 (Cth).

Parties
Appellant: DHC16; First Respondent: Minister for Home Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
06 May 2019
Procedural Posture
Application for Leave to Appeal / Hearing and Determination of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed for non-appearance; costs awarded to the first respondent.
Legal Topics
Judicial Review, Leave to Appeal, Dismissal for Non Appearance, Court Procedure
Administrative Law Migration Law Judicial Review Leave to Appeal Dismissal for Non Appearance Court Procedure

Case Brief

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Parties

DHC16

Appellant

Minister for Home Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Application for Leave to Appeal / Hearing and Determination of Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted after dismissal of judicial review for non-appearance
  2. 2 Appropriateness of dismissal for absence under Federal Court Rules 2011 (Cth) r 35.33
  3. 3 Merit of the grounds of appeal by the applicant

Ratio Decidendi

Given the applicant's repeated failure to attend hearings despite ample notice, lack of explanation, and absence of merit in the grounds for appeal, it was appropriate to dismiss the application for leave to appeal under r 35.33 of the Federal Court Rules 2011 (Cth).

Court Disposition

Application for leave to appeal dismissed for non-appearance; costs awarded to the first respondent.

Orders

  • The notice of appeal filed on 19 December 2018 is treated as an application for leave to appeal.
  • The application for leave to appeal is dismissed under r 35.33 of the Federal Court Rules 2011 (Cth) due to the applicant's absence at the hearing.