EXX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 657

Federal Court of Australia

EXX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 657 Appeal from: EXX18 v Minister for Home Affairs [2019] FCCA 3552

File number: WAD 2 of 2020

Judgment of: JACKSON J

Date of judgment: 16 June 2021

Catchwords: MIGRATION - appeal from the Federal Circuit Court - judicial review of a decision of the Administrative Appeals Tribunal affirming delegate's decision to refuse grant of protection visa - appellant failed to appear at hearing - no error on part of primary judge asserted in notice of appeal - appellant seeking impermissible merits review - appeal dismissed

Legislation: Federal Court Rules 2011 (Cth) r 36.75

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of hearing: 16 June 2021

Counsel for the Appellant: The appellant did not appear

Counsel for the First Respondent: Mr A Gerrard

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 2 of 2020

BETWEEN: EXX18 Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: JACKSON J DATE OF ORDER: 16 JUNE 2021

THE COURT ORDERS THAT:

1. Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), the appeal is dismissed for default of appearance. 2. The appellant must pay the first respondent's costs of and incidental to the appeal, to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.