Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1072

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1072

The appellant had adequate notice that the appeal was listed for hearing, had not filed written submissions, had not responded to correspondence or contacted the Court, did not appear, and could not be contacted despite repeated attempts; therefore it was appropriate to exercise the power in r 36.75 to dismiss the appeal.

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review Concerning Refusal of a Student (temporary) (class Tu) Visa / Application by the First Respondent Under R 36.75 of the Federal Court Rules 2011 (cth) to Dismiss the Appeal in the Appellant's Absence
Outcome
Application granted; appeal dismissed with costs fixed for the first respondent.
Legal Topics
['dismissal of Appeal for Non Appearance' 'federal Court Rules 2011 (cth) R 36.75' 'student (temporary) (class Tu) Visa' 'judicial Review of Administrative Appeals Tribunal Decision']
['practice and Procedure' 'administrative and Constitutional Law and Human Rights' 'migration Law'] ['dismissal of Appeal for Non Appearance' 'federal Court Rules 2011 (cth) R 36.75' 'student (temporary) (class Tu) Visa' 'judicial Review of Administrative Appeals Tribunal Decision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review Concerning Refusal of a Student (temporary) (class Tu) Visa / Application by the First Respondent Under R 36.75 of the Federal Court Rules 2011 (cth) to Dismiss the Appeal in the Appellant's Absence

Legal Issues

  1. 1 ['Whether it was appropriate to exercise the power in r 36.75 of the Federal Court Rules 2011 (Cth) to dismiss the appeal where the appellant did not appear at the appeal hearing and could not be contacted.' 'Whether costs should be ordered against the appellant.']

Ratio Decidendi

The appellant had adequate notice that the appeal was listed for hearing, had not filed written submissions, had not responded to correspondence or contacted the Court, did not appear, and could not be contacted despite repeated attempts; therefore it was appropriate to exercise the power in r 36.75 to dismiss the appeal.

Court Disposition

Application granted; appeal dismissed with costs fixed for the first respondent.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs fixed in the sum of $4,500."]