CXN18 v Minister for Home Affairs [2019] FCA 650

CXN18 v Minister for Home Affairs [2019] FCA 650

The appellants failed to appear when the matter was called and could not be contacted using the telephone number available in the papers; in those circumstances, the Court accepted the Minister's request and dismissed the appeal with costs pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Migration Appeal From Dismissal of Judicial Review Application Concerning Invalid Protection Visa Applications / Appeal Dismissed With Costs for Want of Appearance
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'second Protection Visa Application' 'invalid Visa Application' 'non Appearance on Appeal' 'dismissal With Costs']
['migration' 'administrative and Constitutional Law and Human Rights'] ['protection Visas' 'second Protection Visa Application' 'invalid Visa Application' 'non Appearance on Appeal' 'dismissal With Costs']

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Procedural Posture

Migration Appeal From Dismissal of Judicial Review Application Concerning Invalid Protection Visa Applications / Appeal Dismissed With Costs for Want of Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed when the appellants did not appear at the hearing.' "Whether s 48A of the Migration Act 1958 (Cth) prohibited the appellants' second protection visa application after failure of a first application."]

Ratio Decidendi

The appellants failed to appear when the matter was called and could not be contacted using the telephone number available in the papers; in those circumstances, the Court accepted the Minister's request and dismissed the appeal with costs pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal be dismissed with costs.' 'The Minister, through his solicitors, serve on the appellants at their address for service, and at such addresses the Minister considers likely to be received, a copy of these orders and, in addition, the...