Utu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 322

FEDERAL COURT OF AUSTRALIA

Utu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 322 Appeal from: Utu v Minister for Home Affairs & Anor [2019] FCCA 2245

File number(s): VID 958 of 2019

Judge(s): WHEELAHAN J

Date of judgment: 18 February 2020

Date of publication of reasons: 11 March 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for review of a decision of the Administrative Appeals Tribunal – non-appearance by the appellant at the hearing of the appeal – appeal dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth)

Legislation: Migration Act 1958 (Cth) s 116(1)(e)(i) Federal Court Rules 2011 (Cth) r 36.75(1)(a)(i)

Date of hearing: 18 February 2020

Date of last submissions: 11 February 2020

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 3

Solicitor for the appellant: The appellant did not appear

Solicitor for the first respondent: Australian Government Solicitor

ORDERS VID 958 of 2019

BETWEEN: MCCANN LIVINGSTON UTU Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: WHEELAHAN J DATE OF ORDER: 18 February 2020

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. 2. The appeal be dismissed. 3. The appellant pay the costs of the first respondent fixed in the sum of $2,500. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.