Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 94

Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 94

The appellant did not file the ordered outline of submissions, did not appear at the hearing, and took no steps to discontinue after indicating he wished to withdraw the appeal. The Court was satisfied that he no longer wished to pursue the appeal, making it appropriate to dismiss the appeal pursuant to r 36.75 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
14 February 2023
Procedural Posture
Migration Appeal From Dismissal of Application for Judicial Review / Federal Court Appeal Hearing; Application to Dismiss Appeal for Non Appearance
Outcome
Appeal dismissed with costs.
Legal Topics
['temporary Student Visa' 'administrative Appeals Tribunal Jurisdiction' 'judicial Review' 'dismissal of Appeal for Non Appearance' 'notice of Discontinuance']
['migration' 'administrative Law' 'federal Court Procedure'] ['temporary Student Visa' 'administrative Appeals Tribunal Jurisdiction' 'judicial Review' 'dismissal of Appeal for Non Appearance' 'notice of Discontinuance']

Case Brief

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Procedural Posture

Migration Appeal From Dismissal of Application for Judicial Review / Federal Court Appeal Hearing; Application to Dismiss Appeal for Non Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant failed to appear at the hearing and did not file written submissions.' 'Whether the Administrative Appeals Tribunal lacked jurisdiction because the review application was lodged outside the 21 day period prescribed by reg 4.10(1)(a) of the Migration Regulations 1994 (Cth).']

Ratio Decidendi

The appellant did not file the ordered outline of submissions, did not appear at the hearing, and took no steps to discontinue after indicating he wished to withdraw the appeal. The Court was satisfied that he no longer wished to pursue the appeal, making it appropriate to dismiss the appeal pursuant to r 36.75 of the Federal Court Rules 2011 (Cth).

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The name of the first respondent be amended to "Minister for Immigration, Citizenship and Multicultural Affairs".' 'Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal be dismissed with costs.']