ENR21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 834

ENR21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 834

The applicant failed to attend the first case management hearing after notice of the hearing had been provided by the Registry and the Minister's solicitors, including notice that dismissal with costs might be sought if he did not appear. The applicant was therefore in default under rule 5.22(c), and it was appropriate in all the circumstances to dismiss the application under rule 5.23(1)(b)(i).

Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Application for Judicial Review Made Pursuant to S 39 B of the Judiciary Act 1903 (cth) / First Case Management Hearing; Application Dismissed on Default for Failure by Applicant to Appear
Outcome
Application dismissed with costs.
Legal Topics
['judicial Review' 'ministerial Intervention Under S 417 of the Migration Act 1958 (cth)' 'default for Failure to Attend a Hearing' 'dismissal Under Rule 5.23(1)(b)(i) of the Federal Court Rules 2011 (cth)']
['migration' 'administrative and Constitutional Law and Human Rights'] ['judicial Review' 'ministerial Intervention Under S 417 of the Migration Act 1958 (cth)' 'default for Failure to Attend a Hearing' 'dismissal Under Rule 5.23(1)(b)(i) of the Federal Court Rules 2011 (cth)']

Case Brief

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Procedural Posture

Application for Judicial Review Made Pursuant to S 39 B of the Judiciary Act 1903 (cth) / First Case Management Hearing; Application Dismissed on Default for Failure by Applicant to Appear

Legal Issues

  1. 1 ['Whether the applicant was in default under rule 5.22(c) of the Federal Court Rules 2011 (Cth) by failing to attend the first case management hearing.' 'Whether it was appropriate to dismiss the application under rule 5.23(1)(b)(i) of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

The applicant failed to attend the first case management hearing after notice of the hearing had been provided by the Registry and the Minister's solicitors, including notice that dismissal with costs might be sought if he did not appear. The applicant was therefore in default under rule 5.22(c), and it was appropriate in all the circumstances to dismiss the application under rule 5.23(1)(b)(i).

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for judicial review made pursuant to s 39B of the Judiciary Act 1903 (Cth) be dismissed in accordance with rule 5.23(1)(b)(i) of the Federal Court Rules 2011 (Cth) (Federal Court Rules) on the basis that the applicant is in default for the purposes of rule 5.22(c) of the Federal Court Rules.' "The...