EWF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1968

EWF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1968

The appellant was notified of the original and adjourned hearing dates, did not appear on either occasion, filed no submissions, had no legal representatives file a notice of appearance, and made no further contact after requesting an adjournment; in those circumstances the appropriate course was to dismiss the appeal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Appeal From Dismissal of an Application for Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Federal Court Appeal Dismissed for Non Appearance
Outcome
The appeal is dismissed.
Legal Topics
['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'dismissal for Non Appearance' 'federal Court Appeal']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['safe Haven Enterprise Visa' 'immigration Assessment Authority' 'dismissal for Non Appearance' 'federal Court Appeal']

Case Brief

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Procedural Posture

Appeal From Dismissal of an Application for Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise Visa / Federal Court Appeal Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant did not appear, filed no written submissions, and no legal representatives filed a notice of appearance.']

Ratio Decidendi

The appellant was notified of the original and adjourned hearing dates, did not appear on either occasion, filed no submissions, had no legal representatives file a notice of appearance, and made no further contact after requesting an adjournment; in those circumstances the appropriate course was to dismiss the appeal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'The appellant to pay the costs of the first respondent to be agreed or taxed.']