EXB18 v Minister for Home Affairs [2019] FCA 833

EXB18 v Minister for Home Affairs [2019] FCA 833

The application for leave to appeal was dismissed because the applicant failed to attend when the application was called on for hearing, despite being informed of the date, time, location and possible consequences of non-attendance; he had filed no written submissions, and the draft grounds of appeal were expressed only in general terms and did not identify any specific error in the Federal Circuit Court or Tribunal decisions.

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Application for Leave to Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Hearing of Application for Leave to Appeal; Applicant Absent; Application Dismissed Under Rule 35.33(1)(a)(i) of the Federal Court Rules 2011 (cth)
Outcome
Application for leave to appeal dismissed with costs as agreed or assessed.
Legal Topics
['leave to Appeal' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'non Appearance' 'dismissal of Application']
['administrative Law' 'migration Law'] ['leave to Appeal' 'judicial Review' 'protection Visa' 'jurisdictional Error' 'non Appearance' 'dismissal of Application']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Protection Visa / Hearing of Application for Leave to Appeal; Applicant Absent; Application Dismissed Under Rule 35.33(1)(a)(i) of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ["Whether leave to appeal was required from the Federal Circuit Court's dismissal under the show cause mechanism." 'Whether the application for leave to appeal should be dismissed because the applicant failed to attend the hearing.' 'Whether the general grounds advanced by the applicant identified any specific error in the Federal Circuit Court or Tribunal decisions.']

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to attend when the application was called on for hearing, despite being informed of the date, time, location and possible consequences of non-attendance; he had filed no written submissions, and the draft grounds of appeal were expressed only in general terms and did not identify any specific error in the Federal Circuit Court or Tribunal decisions.

Court Disposition

Application for leave to appeal dismissed with costs as agreed or assessed.

Orders

  • ['The application for leave to appeal is dismissed under rule 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).' "The applicant is to pay the first respondent's costs as agreed or assessed."]