NARH v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 402

NARH v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 402

The appellant knew the appeal had been fixed for hearing on 16 April 2003 and had no basis of substance for failing to appear; the Court therefore exercised its power under Order 52, Rule 38A to dismiss the appeal for want of appearance.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 April 2003
Procedural Posture
Appeal From a Judgment Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal Dismissed for Want of Appearance
Outcome
The appeal was dismissed and the appellant was ordered to pay the respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'dismissal for Non Appearance' 'want of Appearance']
['administrative Law' 'migration Law' 'refugee Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'dismissal for Non Appearance' 'want of Appearance']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal From a Judgment Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal Dismissed for Want of Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to appear to prosecute it.' "Whether there was any substantive basis for the appellant's failure to appear in circumstances where he knew the hearing date."]

Ratio Decidendi

The appellant knew the appeal had been fixed for hearing on 16 April 2003 and had no basis of substance for failing to appear; the Court therefore exercised its power under Order 52, Rule 38A to dismiss the appeal for want of appearance.

Court Disposition

The appeal was dismissed and the appellant was ordered to pay the respondent's costs.

Orders

  • ['The appeal is dismissed pursuant to Order 52 Rule 38A of the Federal Court Rules.' "The applicant pay the respondent's costs."]