DYU17 v Minister for Immigration and Border Protection [2019] FCA 1366

DYU17 v Minister for Immigration and Border Protection [2019] FCA 1366

The appeal was dismissed because the appellant failed to attend the hearing despite ample notice, and the sole ground of appeal was generic, unparticularised, and disclosed no reasonable prospect of success.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Appeal / Judgment on Appeal With No Appearance by Appellant
Outcome
Appeal dismissed for non-appearance and lack of merit.
Legal Topics
['dismissal for Non Appearance' 'judicial Review' 'procedural Fairness']
['migration Law' 'administrative Law'] ['dismissal for Non Appearance' 'judicial Review' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal With No Appearance by Appellant

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for want of appearance' 'Whether the notice of appeal disclosed a reasonable prospect of success']

Ratio Decidendi

The appeal was dismissed because the appellant failed to attend the hearing despite ample notice, and the sole ground of appeal was generic, unparticularised, and disclosed no reasonable prospect of success.

Court Disposition

Appeal dismissed for non-appearance and lack of merit.

Orders

  • ['The appeal is dismissed pursuant to rule 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).' "The appellant must pay the first respondent's costs of the appeal, fixed in the sum of $3,000."]