Geng v Minister for Immigration & Multicultural Affairs[1999] FCA 840

Geng v Minister for Immigration & Multicultural Affairs[1999] FCA 840

The applicant was aware of the hearing but failed to appear; the respondent sought dismissal under Order 32, Rule 2(1)(c); and the application disclosed no arguable ground for review under section 476 of the Migration Act 1958 (Cth), so the proceeding was dismissed with costs.

Jurisdiction
Australia
Judgment Date
18 June 1999
Procedural Posture
Application for Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing; Ex Tempore Reasons; Application Dismissed With Costs
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal Review' 'judicial Review Under Migration Act 1958 (cth) S 476' 'dismissal for Non Appearance']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'refugee Review Tribunal Review' 'judicial Review Under Migration Act 1958 (cth) S 476' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Application for Review of Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Final Hearing; Ex Tempore Reasons; Application Dismissed With Costs

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed when the applicant was absent when the matter was called on for hearing.' 'Whether the application disclosed any ground for review contemplated by section 476 of the Migration Act 1958 (Cth).' 'Whether there was any arguable basis for intervention by the Court.']

Ratio Decidendi

The applicant was aware of the hearing but failed to appear; the respondent sought dismissal under Order 32, Rule 2(1)(c); and the application disclosed no arguable ground for review under section 476 of the Migration Act 1958 (Cth), so the proceeding was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']