MBR v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 492

MBR v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 492

Because the appellant failed to attend the hearing and affidavits established that the appellant had left the country, it was appropriate to dismiss the appeal under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth), with costs.

Jurisdiction
Australia
Judgment Date
03 May 2006
Procedural Posture
Application for Leave to Appeal in a Migration Matter / On Appeal From a Decision of Federal Magistrate Scarlett Dismissing an Application for Review of a Decision of the Immigration Review Tribunal
Outcome
Appeal dismissed with costs.
Legal Topics
['class 816 Special Permanent Entry Permit' 'immigration Review Tribunal Decision' 'failure to Attend Hearing' 'dismissal Under Section 25(2 B)(bb)(ii) of the Federal Court Act 1976 (cth)']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['class 816 Special Permanent Entry Permit' 'immigration Review Tribunal Decision' 'failure to Attend Hearing' 'dismissal Under Section 25(2 B)(bb)(ii) of the Federal Court Act 1976 (cth)']

Case Brief

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Procedural Posture

Application for Leave to Appeal in a Migration Matter / On Appeal From a Decision of Federal Magistrate Scarlett Dismissing an Application for Review of a Decision of the Immigration Review Tribunal

Legal Issues

  1. 1 ['Whether the appeal should be dismissed under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) because the appellant failed to attend the hearing.']

Ratio Decidendi

Because the appellant failed to attend the hearing and affidavits established that the appellant had left the country, it was appropriate to dismiss the appeal under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth), with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed pursuant to section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth).' "The appellant pay the respondent's costs of the appeal."]