Pitojo v Minister for Immigration & Multicultural Affairs [2000] FCA 1529

Pitojo v Minister for Immigration & Multicultural Affairs [2000] FCA 1529

The applicant failed to appear at the hearing on 12 October 2000 and again on 23 October 2000, gave no explanation for her absence, and the respondent's solicitors had made all necessary attempts to inform her of the hearing dates; therefore the circumstances attracted Order 32 rule 2(1)(c) of the Federal Court...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 October 2000
Procedural Posture
Application for Review of Refugee Review Tribunal Decision Refusing a Protection Visa / Hearing; Application Dismissed for Applicant's Non Appearance
Outcome
Application dismissed pursuant to Order 32 rule 2(1)(c) of the Federal Court Rules; applicant ordered to pay the respondent's costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'dismissal for Non Appearance' 'federal Court Rules O 32 R 2(1)(c)']
['migration' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal Review' 'dismissal for Non Appearance' 'federal Court Rules O 32 R 2(1)(c)']

Source-derived case record

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Procedural Posture

Application for Review of Refugee Review Tribunal Decision Refusing a Protection Visa / Hearing; Application Dismissed for Applicant's Non Appearance

Legal Issues

  1. 1 ['Whether the application should be dismissed under Order 32 rule 2(1)(c) of the Federal Court Rules because the applicant failed to appear when the proceeding was called on for hearing.' 'Whether sufficient attempts had been made to notify the applicant of the hearing date.']

Ratio Decidendi

The applicant failed to appear at the hearing on 12 October 2000 and again on 23 October 2000, gave no explanation for her absence, and the respondent's solicitors had made all necessary attempts to inform her of the hearing dates; therefore the circumstances attracted Order 32 rule 2(1)(c) of the Federal Court Rules and the application should be dismissed.

Court Disposition

Application dismissed pursuant to Order 32 rule 2(1)(c) of the Federal Court Rules; applicant ordered to pay the respondent's costs.

Orders

  • ['The Application be dismissed pursuant to Order 32 rule 2(1)(c) of the Federal Court Rules.' "The Applicant pay the Respondent's costs of the Application."]