DVA16 v Minister for Immigration and Border Protection [2018] FCA 867

DVA16 v Minister for Immigration and Border Protection [2018] FCA 867

The applicant had confirmed that he would attend the hearing and the Court was satisfied that he was aware of the date, time and place of the hearing, but he did not appear when the matter was called; the application was therefore dismissed in default of appearance pursuant to r 30.21 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
05 June 2018
Procedural Posture
Application for Leave to Appeal / Application Dismissed in Default of Appearance
Outcome
Application dismissed in default of appearance.
Legal Topics
['default of Appearance' 'extension of Time' 'judicial Review of Administrative Appeals Tribunal Decision']
['administrative and Constitutional Law and Human Rights' 'migration'] ['default of Appearance' 'extension of Time' 'judicial Review of Administrative Appeals Tribunal Decision']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application Dismissed in Default of Appearance

Legal Issues

  1. 1 ['Whether the application should be dismissed in default of appearance where the applicant did not appear at the listed hearing.' 'Whether the applicant was aware of the date, time and place of the hearing.']

Ratio Decidendi

The applicant had confirmed that he would attend the hearing and the Court was satisfied that he was aware of the date, time and place of the hearing, but he did not appear when the matter was called; the application was therefore dismissed in default of appearance pursuant to r 30.21 of the Federal Court Rules 2011 (Cth).

Court Disposition

Application dismissed in default of appearance.

Orders

  • ['Pursuant to r 30.21 of the Federal Court Rules 2011 (Cth) the application is dismissed in default of appearance.' "The applicant pay the first respondent's costs of the application."]