BKP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 448

Federal Court of Australia

BKP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 448 Appeal from: BKP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1306

File number: WAD 162 of 2020

Judgment of: BANKS-SMITH J

Date of judgment: 27 April 2022

Catchwords: MIGRATION - Appeal from decision of the Federal Circuit Court refusing application for judicial review of decision of Administrative Appeals Tribunal affirming delegate's decision to refuse protection visa - non-attendance by appellant - informal request for adjournment - where no probative evidence in support - application by first respondent for summary dismissal - appeal dismissed

Legislation: Federal Court Rules 2011 (Cth) r 36.75

Cases cited: CQH16 v Minister for Immigration and Border Protection [2018] FCA 672 Singh v Minister for Immigration and Border Protection [2016] FCA 108

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 19

Date of hearing: 27 April 2022

Counsel for the Appellant: The Appellant did not appear

Counsel for the First Respondent: Ms B Rayment

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 162 of 2020

BETWEEN: BKP17 Appellant

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