FJA17 v Minister for Home Affairs [2019] FCA 1936

FJA17 v Minister for Home Affairs [2019] FCA 1936

The appeal was dismissed due to the appellant's failure to attend the hearing and the lack of supporting evidence for the adjournment request. The appellant has a right to apply to set aside the orders under r 36.75(2).

Parties
Appellant: FJA17; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
18 November 2019
Procedural Posture
Appeal / Hearing and Judgment
Outcome
Appeal dismissed for non-appearance
Legal Topics
Appeal Dismissal for Non Appearance, Federal Circuit Court Review, Application for Adjournment, Costs Orders
Migration Appeal Dismissal for Non Appearance Federal Circuit Court Review Application for Adjournment Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

FJA17

Appellant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Hearing and Judgment

Legal Issues

  1. 1 Whether the appeal should be dismissed due to the appellant's non-appearance at hearing
  2. 2 Whether grounds for adjournment were established

Ratio Decidendi

The appeal was dismissed due to the appellant's failure to attend the hearing and the lack of supporting evidence for the adjournment request. The appellant has a right to apply to set aside the orders under r 36.75(2).

Court Disposition

Appeal dismissed for non-appearance

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of the appeal.