ELP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 978

ELP18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 978

Applicant's departure from Australia and the expiry of his visa constitutes abandonment of the application for leave to appeal; application must be dismissed.

Parties
Applicant: ELP18; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Migration Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; costs awarded to first respondent.
Legal Topics
Leave to Appeal, Abandonment of Application, Protection Visa
Administrative and Constitutional Law Human Rights Migration Leave to Appeal Abandonment of Application Protection Visa

Case Brief

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Parties

ELP18

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted after applicant departed Australia and abandoned claim

Ratio Decidendi

Applicant's departure from Australia and the expiry of his visa constitutes abandonment of the application for leave to appeal; application must be dismissed.

Court Disposition

Application for leave to appeal dismissed; costs awarded to first respondent.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant pay the costs of the first respondent of and incidental to the application.