BTC16 v Minister for Immigration and Border Protection [2022] FCA 300

Federal Court of Australia

BTC16 v Minister for Immigration and Border Protection [2022] FCA 300 Appeal from: BTC16 v Minister for Immigration & Anor [2019] FCCA 3031

File number: VID 1172 of 2019

Judgment of: BROMBERG J

Date of judgment: 23 March 2022

Catchwords: PRACTICE AND PROCEDURE – application to dismiss appeal – r 36.74 and r 36.75 of the Federal Court Rules 2011 (Cth) – where the appellant did not appear at hearings related to the appeal – appeal dismissed

Legislation: Federal Court Rules 2011 (Cth) rr 36.74, 36.75

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 5

Date of hearing: 23 March 2022

Counsel for the Appellant: The Appellant did not appear

Solicitor for the First Respondent: Mr A Cunynghame of Sparke Helmore Lawyers

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS VID 1172 of 2019

BETWEEN: BTC16 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: BROMBERG J DATE OF ORDER: 23 MARCH 2022

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the first respondent's costs of the appeal. 3. The first respondent serve upon the appellant a copy of these orders and a copy of the transcript of today's hearing. 4. References in the transcript to the appellant's name be replaced with the acronym BTC16. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.