Goyal v Minister for Immigration and Border Protection [2019] FCA 170

Goyal v Minister for Immigration and Border Protection [2019] FCA 170

The appellant did not appear, the Court was satisfied that he had received notice of the hearing, and the Court had power under sub-section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011 to dismiss the appeal with costs.

Jurisdiction
Australia
Judgment Date
19 February 2019
Procedural Posture
Migration Appeal From Federal Circuit Court Judicial Review Decision / Appeal; Appellant Did Not Appear
Outcome
Appeal dismissed with costs.
Legal Topics
['judicial Review' 'student Temporary (class Tu) (subclass 572) Visa' 'dismissal for Non Appearance' 'federal Court Appeal']
['migration' 'administrative Law'] ['judicial Review' 'student Temporary (class Tu) (subclass 572) Visa' 'dismissal for Non Appearance' 'federal Court Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal From Federal Circuit Court Judicial Review Decision / Appeal; Appellant Did Not Appear

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant did not appear to prosecute the appeal despite notice of the hearing.' 'Whether it was necessary to determine the merits of the appeal.']

Ratio Decidendi

The appellant did not appear, the Court was satisfied that he had received notice of the hearing, and the Court had power under sub-section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011 to dismiss the appeal with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay the costs of the first respondent.']