ELQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1615

Federal Court of Australia

ELQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1615 Appeal from: ELQ18 v Minister for Home Affairs [2020] FCCA 3080

File number: VID 790 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 20 December 2021

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Immigration Assessment Authority – where Appellant did not appear at the hearing – power to dismiss an appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011 (Cth) – where the Appellant did not appear to prosecute the appeal – appeal dismissed

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

Cases cited: CAK15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 939 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1072

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 22

Date of hearing: Determined on the papers

Counsel for the Appellant: The Appellant did not appear

Counsel for the First Respondent: Mr J. Barrington

Solicitor for the First Respondent: Mills Oakley

Counsel for the Second Respondent: The Second Respondent filed a submitting notice and did not appear