CKT15 v Minister for Immigration and Border Protection [2017] FCA 100

FEDERAL COURT OF AUSTRALIA

CKT15 v Minister for Immigration and Border Protection [2017] FCA 100 Appeal from: CKT15 v Minister for Immigration and Border Protection [2016] FCCA 3005

File number: NSD 1964 of 2016

Judge: FARRELL J

Date of judgment: 14 February 2017

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – protection visa – where appellant did not attend interview with Minister's delegate – where appellant did not attend Tribunal hearing – where appellant failed to appear at hearing of the appeal – appeal dismissed

Legislation: Federal Court Rules 2011 (Cth) r 36.75(1)(a)

Cases cited: CKT15 v Minister for Immigration and Border Protection [2016] FCCA 3005

Date of hearing: 14 February 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 6

Counsel for the Appellant: The appellant did not appear

Counsel for the First Respondent: Mr T Reilly

Solicitor for the First Respondent: Mills Oakley

Counsel for the Second Respondent: The second respondent submitted save as to costs

ORDERS NSD 1964 of 2016

BETWEEN: CKT15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: FARRELL J DATE OF ORDER: 14 FEBRUARY 2017

THE COURT ORDERS THAT:

1. The appeal is dismissed pursuant to r 36.75(1)(a) of the Federal Court Rules 2011 for failure of the appellant to appear when the appeal was called on for hearing. 2. The appellant pay the first respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.