Law v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 330

Given the applicant's failure to attend the hearing, despite receiving due notice and opportunity to appear (including remotely), the proceeding is dismissed pursuant to s 20(5)(d)(ii) of the Federal Court of Australia Act 1976 (Cth).

Parties: Applicant: Kwok Kam Law; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction: Australia
Judgment Date: 31 March 2022
Procedural Posture: Application for Judicial Review / Hearing and Dismissal for Non Appearance
Outcome: Proceeding dismissed for non-appearance; costs awarded to first respondent.
Legal Topics: Judicial Review, Dismissal for Non Appearance, Migration Decisions

Administrative Law Judicial Review Dismissal for Non Appearance Migration Decisions

Case Brief

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Parties

Kwok Kam Law

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Judicial Review / Hearing and Dismissal for Non Appearance

Legal Issues

1 Whether the judicial review application should be dismissed due to the applicant's non-appearance at the hearing

Ratio Decidendi

Court Disposition

Proceeding dismissed for non-appearance; costs awarded to first respondent.

Orders

The proceeding be dismissed pursuant to s 20(5)(d)(ii) of the Federal Court of Australia Act 1976 (Cth).
The applicant pay the first respondent's costs as agreed or taxed.