Hasan v Minister for Immigration and Citizenship [2007] FCA 135

Hasan v Minister for Immigration and Citizenship [2007] FCA 135

Because the appellant failed to attend the appeal hearing, and affidavit evidence established that he had departed Australia on a visa that did not permit re-entry, it was appropriate to dismiss the appeal under s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
15 February 2007
Procedural Posture
Appeal From the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review / Hearing and Judgment
Outcome
Appeal dismissed.
Legal Topics
['student Visa Cancellation' 'visa Condition 8105' 'judicial Review' 'dismissal of Appeal for Non Appearance']
['migration Law' 'administrative Law'] ['student Visa Cancellation' 'visa Condition 8105' 'judicial Review' 'dismissal of Appeal for Non Appearance']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia Dismissing an Application for Judicial Review / Hearing and Judgment

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to attend the hearing.' "Whether the Minister's delegate and the Migration Review Tribunal could cancel and affirm cancellation of the appellant's Subclass 572 visa for breach of condition 8105."]

Ratio Decidendi

Because the appellant failed to attend the appeal hearing, and affidavit evidence established that he had departed Australia on a visa that did not permit re-entry, it was appropriate to dismiss the appeal under s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed.

Orders

  • ['The title of the first respondent be changed to Minister for Immigration and Citizenship.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs fixed at $1,000."]