DMX17 v Minister for Home Affairs [2021] FCA 310

DMX17 v Minister for Home Affairs [2021] FCA 310

The appeal is dismissed as having been abandoned by the appellant, who departed Australia and no longer has a relevant visa or right of re-entry. Costs are awarded to the first respondent.

Parties
Appellant: DMX17; First Respondent: Minister for Home Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
30 March 2021
Procedural Posture
Appeal / Judgment Following Abandonment of Appeal
Outcome
Appeal dismissed as abandoned
Legal Topics
Abandonment of Appeal, Visa Applications, Costs
Administrative Law Migration Law Abandonment of Appeal Visa Applications Costs

Case Brief

Summary, issues, holding and outcome

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Parties

DMX17

Appellant

Minister for Home Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment Following Abandonment of Appeal

Legal Issues

  1. 1 Whether the appeal should be dismissed following the appellant's departure from Australia and consequent abandonment of proceedings

Ratio Decidendi

The appeal is dismissed as having been abandoned by the appellant, who departed Australia and no longer has a relevant visa or right of re-entry. Costs are awarded to the first respondent.

Court Disposition

Appeal dismissed as abandoned

Orders

  • The appeal is dismissed.
  • The appellant pay the costs of the first respondent of and incidental to the appeal.