Johnstone v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 337

Johnstone v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 337

The applicant had voluntarily been removed from Australia, had proper notice of the hearing date, did not notify the Court of his removal or contact the Court after removal, and failed to attend the hearing. In those circumstances it was appropriate to dismiss the proceedings pursuant to s 20(5)(d) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
01 April 2021
Procedural Posture
Application for Judicial Review of the Administrative Appeals Tribunal's Decision Affirming a Delegate's Decision Not to Revoke the Cancellation of the Applicant's Visa / Hearing of Application; Respondent's Application for Dismissal for Non Attendance
Outcome
Application dismissed with costs.
Legal Topics
['judicial Review' 'visa Cancellation' 'non Attendance at Hearing' 'dismissal of Proceedings' 'costs']
['administrative Law' 'migration Law'] ['judicial Review' 'visa Cancellation' 'non Attendance at Hearing' 'dismissal of Proceedings' 'costs']

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Procedural Posture

Application for Judicial Review of the Administrative Appeals Tribunal's Decision Affirming a Delegate's Decision Not to Revoke the Cancellation of the Applicant's Visa / Hearing of Application; Respondent's Application for Dismissal for Non Attendance

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed where the applicant failed to attend the hearing after being notified of the hearing date and voluntarily removed from Australia.']

Ratio Decidendi

The applicant had voluntarily been removed from Australia, had proper notice of the hearing date, did not notify the Court of his removal or contact the Court after removal, and failed to attend the hearing. In those circumstances it was appropriate to dismiss the proceedings pursuant to s 20(5)(d) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant is to pay the first respondent's costs, to be agreed or taxed."]