Babu v Minister for Immigration and Border Protection [2018] FCA 1744

Babu v Minister for Immigration and Border Protection [2018] FCA 1744

The appellant did not appear when the appeal was called on for hearing, no relevant communication had been received concerning the hearing, an earlier adjournment application had been refused, and the Minister applied under r 36.75; accordingly, the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
12 November 2018
Procedural Posture
Migration Appeal From Judgment of the Federal Circuit Court / Appeal Hearing; Appellant Failed to Appear
Outcome
Appeal dismissed.
Legal Topics
['appeal From Federal Circuit Court' 'failure to Appear' 'dismissal of Appeal Under Federal Court Rules 2011, R 36.75']
['migration' 'administrative and Constitutional Law and Human Rights'] ['appeal From Federal Circuit Court' 'failure to Appear' 'dismissal of Appeal Under Federal Court Rules 2011, R 36.75']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From Judgment of the Federal Circuit Court / Appeal Hearing; Appellant Failed to Appear

Legal Issues

  1. 1 ['Whether the appeal should be dismissed when the appellant was absent when the appeal was called on for hearing.']

Ratio Decidendi

The appellant did not appear when the appeal was called on for hearing, no relevant communication had been received concerning the hearing, an earlier adjournment application had been refused, and the Minister applied under r 36.75; accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs."]