EEP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 793

EEP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 793

The appeal was dismissed because the appellant failed to communicate with the Court or appear at two case management hearings despite multiple attempts at contact, satisfying the requirements for dismissal under rr 36.74(1)(c) and (d) of the Federal Court Rules 2011 (Cth).

Parties
Appellant: EEP18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
07 July 2022
Procedural Posture
Appeal / Judgment on Application to Dismiss for Want of Prosecution and Non Appearance
Outcome
Appeal dismissed with costs, subject to liberty to apply within 14 days to vary or set aside the order for good cause.
Legal Topics
Dismissal for Want of Prosecution, Protection Visas, Non Appearance at Hearings, Case Management, Service of Court Documents
Administrative Law Migration Law Dismissal for Want of Prosecution Protection Visas Non Appearance at Hearings Case Management Service of Court Documents

Case Brief

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Parties

EEP18

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Application to Dismiss for Want of Prosecution and Non Appearance

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution and non-appearance under rr 36.74(1)(c) and (d) of the Federal Court Rules 2011 (Cth)
  2. 2 Whether to dispense with service requirements under r 36.74(2)

Ratio Decidendi

The appeal was dismissed because the appellant failed to communicate with the Court or appear at two case management hearings despite multiple attempts at contact, satisfying the requirements for dismissal under rr 36.74(1)(c) and (d) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed with costs, subject to liberty to apply within 14 days to vary or set aside the order for good cause.

Orders

  • Subject to order 3, the appeal be dismissed with costs.
  • The first respondent forthwith serve a copy of these orders on the appellant by email and physically at the addresses recorded on the notice of appeal filed on 1 April 2020.