Cao v Minister for Immigration & Multicultural Affairs [1999] FCA 69

Cao v Minister for Immigration & Multicultural Affairs [1999] FCA 69

The application was dismissed because the applicant did not appear at the hearing, the Court was satisfied that he was aware the hearing had been set down for that day, and his prior conduct included failing to comply with directions and failing to attend the RRT hearing despite being told the matter could not be decided in his favour on the papers alone.

Jurisdiction
Australia
Judgment Date
05 February 1999
Procedural Posture
Application to Review a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa / Hearing of Application; Respondent Applied for Dismissal Because the Applicant Did Not Appear
Outcome
Application dismissed; applicant ordered to pay the respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'dismissal for Non Appearance' 'federal Court Rules Order 32 Rule 2(1)(c)']
['migration' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal' 'dismissal for Non Appearance' 'federal Court Rules Order 32 Rule 2(1)(c)']

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Procedural Posture

Application to Review a Decision of the Refugee Review Tribunal Affirming Refusal of a Protection Visa / Hearing of Application; Respondent Applied for Dismissal Because the Applicant Did Not Appear

Legal Issues

  1. 1 ['Whether the application should be dismissed under Federal Court Rules Order 32 Rule 2(1)(c) because the applicant did not appear at the hearing.' 'Whether the applicant was aware that the hearing had been set down for 5 February 1999.']

Ratio Decidendi

The application was dismissed because the applicant did not appear at the hearing, the Court was satisfied that he was aware the hearing had been set down for that day, and his prior conduct included failing to comply with directions and failing to attend the RRT hearing despite being told the matter could not be decided in his favour on the papers alone.

Court Disposition

Application dismissed; applicant ordered to pay the respondent's costs.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs."]