Ho v Minister for Immigration and Border Protection [2018] FCA 133

Ho v Minister for Immigration and Border Protection [2018] FCA 133

The application for leave to appeal was dismissed because the applicant failed to appear at the hearing despite being made aware of its date, consistent with the Court's power under r 35.33 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Application for Leave to Appeal / Dismissal at Hearing for Non Appearance
Outcome
Application dismissed
Legal Topics
['dismissal for Non Appearance' 'application for Leave to Appeal']
['administrative and Constitutional Law and Human Rights'] ['dismissal for Non Appearance' 'application for Leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal at Hearing for Non Appearance

Legal Issues

  1. 1 ["Whether the application for leave to appeal should be dismissed due to applicant's non-appearance"]

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant failed to appear at the hearing despite being made aware of its date, consistent with the Court's power under r 35.33 of the Federal Court Rules 2011 (Cth).

Court Disposition

Application dismissed

Orders

  • ["The applicant's application for leave to appeal dated 4 August 2017 is dismissed." "The first respondent's costs of the application be paid by the applicant."]