EOH19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 455

EOH19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 455

In circumstances where the appellant did not appear at the appeal hearing, had not taken the directed preparatory steps, and the Minister sought dismissal, it was appropriate to dismiss the appeal with costs under 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).

Jurisdiction
Australia
Judgment Date
27 April 2021
Procedural Posture
Migration Appeal From a Decision Dismissing an Application for Judicial Review of a Visa Refusal Decision / Appeal Hearing in the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['safe Haven Enterprise Subclass 790 Visa' 'immigration Assessment Authority' 'judicial Review' 'dismissal of Appeal for Non Appearance']
['migration' 'administrative Law'] ['safe Haven Enterprise Subclass 790 Visa' 'immigration Assessment Authority' 'judicial Review' 'dismissal of Appeal for Non Appearance']

Case Brief

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Procedural Posture

Migration Appeal From a Decision Dismissing an Application for Judicial Review of a Visa Refusal Decision / Appeal Hearing in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant did not appear at the hearing after failing to file an amended notice of appeal or written outline of submissions.']

Ratio Decidendi

In circumstances where the appellant did not appear at the appeal hearing, had not taken the directed preparatory steps, and the Minister sought dismissal, it was appropriate to dismiss the appeal with costs under 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).

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, the appeal is dismissed with costs.']