Shrestha v Minister for Immigration and Border Protection [2018] FCA 1331

Shrestha v Minister for Immigration and Border Protection [2018] FCA 1331

The Applicant failed to attend the hearing despite being advised of the hearing and the possibility that dismissal with costs would be sought, and had not communicated with the Court, sought an adjournment, or explained the non-attendance. The Court exercised its statutory and rules-based discretion to dismiss the application for leave to appeal.

Jurisdiction
Australia
Judgment Date
24 August 2018
Procedural Posture
Application for Leave to Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal / Hearing of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'judicial Review' 'non Appearance at Hearing' 'dismissal for Non Attendance' 'merits Review']
['administrative Law' 'immigration' 'appellate Procedure'] ['application for Leave to Appeal' 'judicial Review' 'non Appearance at Hearing' 'dismissal for Non Attendance' 'merits Review']

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Procedural Posture

Application for Leave to Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Administrative Appeals Tribunal / Hearing of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed because the Applicant failed to attend the hearing' 'Whether the Court should exercise its discretion to dismiss the application for non-attendance' 'Whether the proposed grounds of appeal had any prospect of success']

Ratio Decidendi

The Applicant failed to attend the hearing despite being advised of the hearing and the possibility that dismissal with costs would be sought, and had not communicated with the Court, sought an adjournment, or explained the non-attendance. The Court exercised its statutory and rules-based discretion to dismiss the application for leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' 'The applicant pay the costs of the first respondent of and in connection with the application for leave to appeal.']