EHH17 v Minister for Immigration and Border Protection [2019] FCA 196

EHH17 v Minister for Immigration and Border Protection [2019] FCA 196

The appeal was dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), because the appellant failed to appear at the hearing, had not filed written submissions, and had departed Australia, leaving no prospect of success for the appeal.

Jurisdiction
Australia
Judgment Date
21 February 2019
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed. Costs ordered against appellant.
Legal Topics
['migration' 'federal Court Appeal' 'dismissal for Non Appearance']
['administrative and Constitutional Law and Human Rights'] ['migration' 'federal Court Appeal' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed due to appellant’s non-appearance and failure to file written submissions' 'Whether the Federal Circuit Court committed legal errors when dismissing proceedings']

Ratio Decidendi

The appeal was dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), because the appellant failed to appear at the hearing, had not filed written submissions, and had departed Australia, leaving no prospect of success for the appeal.

Court Disposition

Appeal dismissed. Costs ordered against appellant.

Orders

  • ['The appeal be dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).' "The appellant pay the first respondent's costs of the appeal as agreed or assessed."]