Singh v Minister for Immigration and Border Protection [2018] FCA 861

Singh v Minister for Immigration and Border Protection [2018] FCA 861

Because the appellant was notified of the time, date and place of the hearing and failed to appear when the appeal was called, the Court dismissed the appeal pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Appeal / Hearing of Appeal; Dismissal for Failure of the Appellant to Appear
Outcome
Appeal dismissed for failure of the appellant to appear; appellant ordered to pay the first respondent's costs fixed at $6,439.
Legal Topics
['failure to Appear' 'notice of Hearing' 'dismissal of Appeal' 'costs']
['administrative and Constitutional Law and Human Rights' 'immigration Law'] ['failure to Appear' 'notice of Hearing' 'dismissal of Appeal' 'costs']

Case Brief

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Procedural Posture

Appeal / Hearing of Appeal; Dismissal for Failure of the Appellant to Appear

Legal Issues

  1. 1 ['Whether the appeal should be dismissed for failure of the appellant to appear.' 'Whether the appellant had notice of the hearing date, time and place.']

Ratio Decidendi

Because the appellant was notified of the time, date and place of the hearing and failed to appear when the appeal was called, the Court dismissed the appeal pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1) of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed for failure of the appellant to appear; appellant ordered to pay the first respondent's costs fixed at $6,439.

Orders

  • ['Pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1) of the Federal Court Rules 2011 (Cth) the appeal is dismissed for failure of the appellant to appear.' "The appellant pay the first respondent's costs fixed in the sum of $6,439."]