Colocado v Minister for Immigration & Multicultural Affairs [2001] FCA 391

Colocado v Minister for Immigration & Multicultural Affairs [2001] FCA 391

The applicant did not appear at the directions hearing, the application specified no ground within s 476(1) of the Migration Act 1958, and no error appeared in the Tribunal's reasons; therefore it was appropriate to dismiss the application with costs under Order 10 Rule 3(2) of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
30 March 2001
Procedural Posture
Migration Application for Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Directions Hearing; Respondent Sought Dismissal for Non Appearance Under Order 10 Rule 3(2) of the Federal Court Rules
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'non Appearance at Directions Hearing' 'dismissal of Application']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'non Appearance at Directions Hearing' 'dismissal of Application']

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Procedural Posture

Migration Application for Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection (class Xa) Visa / Directions Hearing; Respondent Sought Dismissal for Non Appearance Under Order 10 Rule 3(2) of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the application should be dismissed because the applicant did not appear at the directions hearing.' 'Whether the application specified any ground within s 476(1) of the Migration Act 1958.' 'Whether any error was apparent in the reasons of the Refugee Review Tribunal.']

Ratio Decidendi

The applicant did not appear at the directions hearing, the application specified no ground within s 476(1) of the Migration Act 1958, and no error appeared in the Tribunal's reasons; therefore it was appropriate to dismiss the application with costs under Order 10 Rule 3(2) of the Federal Court Rules.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs." 'The respondent inform the applicant in writing as soon as practicable of the terms of these orders and of the terms of Order 35 rule 7(2)(a) of the Federal Court Rules.']