FKV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2176

FEDERAL COURT OF AUSTRALIA

FKV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2176 Appeal from: Interlocutory application to reinstate appeal from FKV18 v Minister for Home Affairs & Anor [2019] FCCA 1572

File number(s): QUD 367 of 2019

Judge(s): COLLIER J

Date of judgment: 23 December 2019

Catchwords: PRACTICE AND PROCEDURE - interlocutory application to reinstate appeal from decision of Federal Circuit Court – where appellant failed to appear at hearing of appeal – where appeal dismissed pursuant to Federal Court Act of Australia 1976 (Cth) s 25(2B)(bb)(ii) and Federal Court Rules 2011 (Cth) r 36.75(1) – principles guiding Court's discretion to reinstate proceedings – unsatisfactory medical evidence – grounds of appeal lack merit – poor prospects of success – application for reinstatement dismissed

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

Cases cited: AFQ16 v Minister for Home Affairs [2019] FCA 407 BLJ16 v Minister for Immigration and Border Protection [2018] FCA 525 CUK17 v Minister for Home Affairs [2019] FCA 835 EXB18 v Minister for Home Affairs [2019] FCA 833 MZKAJ v Minister for Immigration and Multi-Cultural and Indigenous Affairs (2005) FCA 1066 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 Singh v Minister for Immigration and Border Protection (No 2) [2018] FCA 1827