Kumar v Minister for Immigration and Border Protection [2015] FCA 796

Kumar v Minister for Immigration and Border Protection [2015] FCA 796

The applicant had notice that the application was listed for hearing, did not appear and made no attempt to contact the Court or the first respondent; in those circumstances it was appropriate to dismiss the application for leave to appeal pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
04 August 2015
Procedural Posture
Application for Leave to Appeal / Federal Court Hearing of Application for Leave to Appeal From an Order of the Federal Circuit Court of Australia; Application Dismissed After the Applicant Did Not Appear
Outcome
The application for leave to appeal was dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).
Legal Topics
['application for Leave to Appeal' 'dismissal for Non Appearance' 'amendment of Party Names' 'costs']
['immigration' 'administrative Law' 'civil Procedure'] ['application for Leave to Appeal' 'dismissal for Non Appearance' 'amendment of Party Names' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Federal Court Hearing of Application for Leave to Appeal From an Order of the Federal Circuit Court of Australia; Application Dismissed After the Applicant Did Not Appear

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed when the applicant did not appear at the hearing.' 'Whether the names of the respondents should be amended.' "Whether the applicant should pay the first respondent's costs."]

Ratio Decidendi

The applicant had notice that the application was listed for hearing, did not appear and made no attempt to contact the Court or the first respondent; in those circumstances it was appropriate to dismiss the application for leave to appeal pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

The application for leave to appeal was dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Orders

  • ['The name of the first respondent be amended to read "Minister for Immigration and Border Protection".' 'The name of the second respondent be amended to read "Administrative Appeals Tribunal".' 'The application for leave to appeal be dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).'...