CXN18 v Minister for Home Affairs [2019] FCA 650

FEDERAL COURT OF AUSTRALIA

CXN18 v Minister for Home Affairs [2019] FCA 650 Appeal from: CXN18 and Anor v Minister for Home Affairs [2018] FCCA 3305

File number: NSD 2305 of 2018

Judge: ALLSOP CJ

Date of judgment: 10 May 2019

Catchwords: MIGRATION – application for second protection visa made after previous protection visa application refused – appeal dismissed with costs for want of appearance

Legislation: Migration Act 1958 (Cth), s 48A Federal Court Rules 2011 (Cth), r 36.75

Date of hearing: 10 May 2019

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 Appellants: The appellants did not appear

Counsel for the Respondent: C Saunders of DLA Piper

ORDERS NSD 2305 of 2018

BETWEEN: CXN18 First Appellant

CXO18 Second Appellant

AND: MINISTER FOR HOME AFFAIRS Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 10 May 2019

THE COURT ORDERS THAT:

1. Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal be dismissed with costs. 2. The Minister, through his solicitors, serve on the appellants at their address for service, and at such addresses the Minister considers likely to be received, a copy of these orders and, in addition, the settled copy of these reasons and a letter informing the appellants of their right to seek to have the dismissal set aside as an order made in their absence. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT