EXX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 657

EXX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 657

The appeal was dismissed because the appellant was aware of the hearing and failed to appear, his communications indicated he did not intend to prosecute the appeal, and the notice of appeal asserted no error by the Federal Circuit Court but instead sought an impermissible merits reassessment.

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Appeal From the Federal Circuit Court Concerning Judicial Review of a Protection Visa Refusal Affirmed by the Administrative Appeals Tribunal / Hearing of Appeal; Application by the First Respondent to Dismiss for Default of Appearance
Outcome
Appeal dismissed for default of appearance; appellant ordered to pay the first respondent's costs of and incidental to the appeal.
Legal Topics
['protection Visa Refusal' 'judicial Review' 'appeal From Federal Circuit Court' 'default of Appearance' 'impermissible Merits Review']
['migration' 'administrative Law'] ['protection Visa Refusal' 'judicial Review' 'appeal From Federal Circuit Court' 'default of Appearance' 'impermissible Merits Review']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit Court Concerning Judicial Review of a Protection Visa Refusal Affirmed by the Administrative Appeals Tribunal / Hearing of Appeal; Application by the First Respondent to Dismiss for Default of Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to appear at the hearing' 'Whether the notice of appeal asserted any error by the Federal Circuit Court rather than seeking merits review of the protection visa application']

Ratio Decidendi

The appeal was dismissed because the appellant was aware of the hearing and failed to appear, his communications indicated he did not intend to prosecute the appeal, and the notice of appeal asserted no error by the Federal Circuit Court but instead sought an impermissible merits reassessment.

Court Disposition

Appeal dismissed for default of appearance; appellant ordered to pay the first respondent's costs of and incidental to the appeal.

Orders

  • ['Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal is dismissed for default of appearance.' "The appellant must pay the first respondent's costs of and incidental to the appeal, to be assessed if not agreed."]