FKV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2176

FKV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2176

The appellant did not provide satisfactory medical evidence of inability to attend the hearing, was on notice of the consequences of non-appearance, and the grounds of appeal were not particularised or supported by submissions, offering no reasonable prospect of success; therefore, reinstatement of the appeal was not justified.

Jurisdiction
Australia
Judgment Date
23 December 2019
Procedural Posture
Interlocutory Application / Application to Reinstate Appeal From Dismissal
Outcome
interlocutory application for reinstatement dismissed with costs
Legal Topics
['practice and Procedure' 'application to Reinstate Appeal' 'failure to Attend Hearing' "court's Discretion to Reinstate" 'protection Visa Refusal']
['administrative Law'] ['practice and Procedure' 'application to Reinstate Appeal' 'failure to Attend Hearing' "court's Discretion to Reinstate" 'protection Visa Refusal']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Reinstate Appeal From Dismissal

Legal Issues

  1. 1 ['Whether the appellant had a reasonable excuse for non-appearance at hearing' 'Whether the Court should exercise discretion to reinstate the appeal' 'Whether the appellant had a reasonable prospect of success on the substantive appeal']

Ratio Decidendi

The appellant did not provide satisfactory medical evidence of inability to attend the hearing, was on notice of the consequences of non-appearance, and the grounds of appeal were not particularised or supported by submissions, offering no reasonable prospect of success; therefore, reinstatement of the appeal was not justified.

Court Disposition

interlocutory application for reinstatement dismissed with costs

Orders

  • ['Leave granted to Respondent to file affidavit of Ellen Lucy Goldsworthy Tattersall dated 22 December 2019' 'Interlocutory application filed 16 December 2019 dismissed' 'Appellant to pay costs of First Respondent fixed at $700.00']