Shoaib v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 548

Shoaib v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 548

The appellant had sufficient notice of the adjourned hearing on 3 May 2022, including notice by email and the ability to attend remotely, but failed to attend or identify himself. In those circumstances, the application for leave to appeal was dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth), with costs fixed in favour of the first respondent.

Jurisdiction
Australia
Judgment Date
02 May 2022
Procedural Posture
Migration; Application for Leave to Appeal From a Decision of the Federal Circuit Court of Australia / Application Dismissed for Non Appearance
Outcome
Application for leave to appeal dismissed; appellant ordered to pay the first respondent's costs fixed at $4,000.
Legal Topics
['student Visa' 'application for Leave to Appeal' 'non Appearance' 'costs']
['migration' 'administrative Law'] ['student Visa' 'application for Leave to Appeal' 'non Appearance' 'costs']

Case Brief

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Procedural Posture

Migration; Application for Leave to Appeal From a Decision of the Federal Circuit Court of Australia / Application Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed under r 35.33 of the Federal Court Rules 2011 (Cth) because the appellant failed to attend the hearing after receiving sufficient notice.' 'Whether a lump sum costs order should be made in favour of the first respondent.']

Ratio Decidendi

The appellant had sufficient notice of the adjourned hearing on 3 May 2022, including notice by email and the ability to attend remotely, but failed to attend or identify himself. In those circumstances, the application for leave to appeal was dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth), with costs fixed in favour of the first respondent.

Court Disposition

Application for leave to appeal dismissed; appellant ordered to pay the first respondent's costs fixed at $4,000.

Orders

  • ['Pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth), the application for leave to appeal be dismissed.' 'The appellant is to pay the costs of the first respondent fixed in the amount of $4,000.']