ELQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1615

ELQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1615

The appeal was dismissed because the Appellant failed to appear to prosecute it, failed to comply with orders requiring submissions, had received adequate notice of the hearing date and time, had agreed to that date and time, and had been notified of the possible consequences of non-attendance or further non-compliance.

Jurisdiction
Australia
Judgment Date
20 December 2021
Procedural Posture
Migration Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority / Appeal Determined on the Papers and Dismissed for Non Appearance/non Prosecution
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Visa' 'judicial Review' 'immigration Assessment Authority' 'dismissal of Appeal for Non Appearance' 'costs']
['migration' 'administrative Law' 'federal Court Procedure'] ['safe Haven Enterprise Visa' 'judicial Review' 'immigration Assessment Authority' 'dismissal of Appeal for Non Appearance' 'costs']

Case Brief

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Procedural Posture

Migration Appeal From a Decision of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority / Appeal Determined on the Papers and Dismissed for Non Appearance/non Prosecution

Legal Issues

  1. 1 ['Whether the appeal should be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) because the Appellant did not appear to prosecute the appeal.' 'Whether the Appellant had adequate notice of the hearing and of the possible consequences of non-attendance or non-compliance with Court orders.']

Ratio Decidendi

The appeal was dismissed because the Appellant failed to appear to prosecute it, failed to comply with orders requiring submissions, had received adequate notice of the hearing date and time, had agreed to that date and time, and had been notified of the possible consequences of non-attendance or further non-compliance.

Court Disposition

Appeal dismissed with costs.

Orders

  • ["Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the Appellant's appeal, from the orders of Judge Blake of the Federal Circuit Court of Australia (as it was then known) dated 13 November 2020, be dismissed." "The Appellant pay...