Jambla v Minister for Immigration and Border Protection [2018] FCA 277

Jambla v Minister for Immigration and Border Protection [2018] FCA 277

Because the Court was satisfied that the applicant had been served with documents giving notice of the hearing date and time, and the applicant did not appear, the application was dismissed with costs pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Application for Leave to Appeal / Hearing of Application for Leave to Appeal From Orders of the Federal Circuit Court; Applicant Did Not Appear
Outcome
Application dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'service of Hearing Documents' 'non Appearance' 'dismissal With Costs']
['administrative Law' 'immigration Law'] ['application for Leave to Appeal' 'service of Hearing Documents' 'non Appearance' 'dismissal With Costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Hearing of Application for Leave to Appeal From Orders of the Federal Circuit Court; Applicant Did Not Appear

Legal Issues

  1. 1 ['Whether the applicant had been given notice of the hearing date and time.' 'Whether the application should be dismissed with costs because the applicant did not appear.']

Ratio Decidendi

Because the Court was satisfied that the applicant had been served with documents giving notice of the hearing date and time, and the applicant did not appear, the application was dismissed with costs pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

Application dismissed with costs.

Orders

  • ['The application filed by the applicant on 8 August 2017, is dismissed with costs.']