DYU17 v Minister for Immigration and Border Protection [2019] FCA 1366

FEDERAL COURT OF AUSTRALIA

DYU17 v Minister for Immigration and Border Protection [2019] FCA 1366 Appeal from: DYU17 v Minister for Immigration and Border Protection [2019] FCCA 824

File number: WAD 206 of 2019

Judge: JACKSON J

Date of judgment: 23 August 2019

Catchwords: MIGRATION - notice of appeal from decision of Federal Circuit Court dismissing application for judicial review - no appearance by appellant - no reasonable prospect of success in appeal - application dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) Federal Court Rules 2011 (Cth) r 36.75(1)(a)(i)

Date of hearing: 23 August 2019

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 8

Counsel for the Appellant: The appellant did not appear

Counsel for the First Respondent: Ms SJ Oliver

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs

ORDERS WAD 206 of 2019

BETWEEN: DYU17 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: JACKSON J DATE OF ORDER: 23 AUGUST 2019

THE COURT ORDERS THAT:

1. Pursuant to rule 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal is dismissed. 2. The appellant must pay the first respondent's costs of the appeal, fixed in the sum of $3,000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.