CAK15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 939

Federal Court of Australia

CAK15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 939 Appeal from: CAK15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 2722

File number: WAD 556 of 2019

Judgment of: JACKSON J

Date of judgment: 9 August 2021

Date of publication of reasons: 10 August 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 - appeal dismissed for failure to appear

Legislation: Federal Court Rules 2011 (Cth) r 36.75, Schedule 3, Item 15

Cases cited: Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Norbis v Norbis (1986) 161 CLR 513

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 13

Date of hearing: 9 August 2021

Counsel for the Appellant: The appellant did not appear

Counsel for the First Respondent: Mr S Cummings

Solicitor for the First Respondent: Sparke Helmore Lawyers

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

ORDERS WAD 556 of 2019

BETWEEN: CAK15 Appellant

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