Gu v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1019

Gu v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1019

The appellant did not appear when the appeal was called on for hearing, and his solicitor's affidavit showed numerous unsuccessful attempts to contact him; accordingly the Court exercised its power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 July 2005
Procedural Posture
Migration Appeal From a Decision of the Federal Magistrate's Court / Hearing of Appeal in the Federal Court of Australia
Outcome
Appeal dismissed for failure to attend hearing.
Legal Topics
['student Visa Cancellation' 'condition 8202 of the Migration Regulations 1994' 'dismissal of Appeal for Failure to Attend Hearing']
['migration' 'administrative Law' 'appellate Procedure'] ['student Visa Cancellation' 'condition 8202 of the Migration Regulations 1994' 'dismissal of Appeal for Failure to Attend Hearing']

Source-derived case record

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Procedural Posture

Migration Appeal From a Decision of the Federal Magistrate's Court / Hearing of Appeal in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing.']

Ratio Decidendi

The appellant did not appear when the appeal was called on for hearing, and his solicitor's affidavit showed numerous unsuccessful attempts to contact him; accordingly the Court exercised its power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal.

Court Disposition

Appeal dismissed for failure to attend hearing.

Orders

  • ["Leave be granted to Gil Boffa of Gil Boffa & Associates, the solicitors on record to withdraw as the Appellant's solicitor in this proceeding." 'The appeal be dismissed.' "The appellant pay the respondent's costs $4,500.00."]