FBD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 445

FBD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 445

The application was dismissed because the applicant had adequate notice of the hearing, failed to appear, failed to respond to court communications, and showed no interest in progressing the matter, justifying dismissal under rr 35.32 and 35.33(1) of the Federal Court Rules 2011.

Jurisdiction
Australia
Judgment Date
05 May 2023
Procedural Posture
Application for Leave to Appeal and Appeal / Dismissal for Non Appearance/default
Outcome
Application dismissed with costs to be taxed or agreed.
Legal Topics
['practice and Procedure' 'dismissal for Non Appearance' 'leave to Appeal' 'judicial Review']
['administrative and Constitutional Law and Human Rights'] ['practice and Procedure' 'dismissal for Non Appearance' 'leave to Appeal' 'judicial Review']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal / Dismissal for Non Appearance/default

Legal Issues

  1. 1 ['Whether the applicant had proper notice of the hearing and failed to appear' 'Whether the application should be dismissed pursuant to rr 35.32(c) and 35.33(1) of the Federal Court Rules 2011 due to non-appearance and lack of prosecution']

Ratio Decidendi

The application was dismissed because the applicant had adequate notice of the hearing, failed to appear, failed to respond to court communications, and showed no interest in progressing the matter, justifying dismissal under rr 35.32 and 35.33(1) of the Federal Court Rules 2011.

Court Disposition

Application dismissed with costs to be taxed or agreed.

Orders

  • ["The name of the first respondent be changed to 'Minister for Immigration, Citizenship and Multicultural Affairs'." 'Pursuant to rr 35.32 and 35.33(1)(a) of the Federal Court Rules 2011, the proceeding be dismissed with costs to be taxed or agreed.']