Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ANK15 v Minister for Immigration and Border Protection [2017] FCA 1493 Appeal from: ANK15 v Minister for Immigration & Anor [2017] FCCA 1269
File number: VID 737 of 2017
Judge: DOWSETT J
Date of judgment: 8 December 2017
Catchwords: MIGRATION – appeal from the Federal Circuit Court – decision to refuse a protection visa – where the applicant did not attend a hearing before the Administrative Appeals Tribunal due to alleged illness – where the Tribunal made a decision to refuse his application in his absence – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 426A
Date of hearing: 6 November 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 52
Counsel for the Appellant: Mr D Yarrow
Solicitor for the Appellant Asylum Seeker Resource Centre
Counsel for the First Respondent: Ms C Symons
Solicitor for the First Respondent: DLA Piper Australia
Counsel for the Second Respondent: The Second Respondent submits to any order of the Court, save as to costs
ORDERS VID 737 of 2017
BETWEEN: ANK15 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: DOWSETT J DATE OF ORDER: 8 DECEMBER 2017
THE COURT ORDERS THAT:
1. the appeal be dismissed; and 2. the appellant pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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