Federal Court of Australia
Federal Court of Australia
CFO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1144 Appeal from: CFO17 v Minister for Immigration & Anor [2020] FCCA 192
File number(s): NSD 414 of 2020
Judgment of: THAWLEY J
Date of judgment: 23 September 2022
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing an application for review of a decision by the Immigration Assessment Authority to refuse the applicant a Temporary Protection (subclass 785) visa – where appellant did not appear at the case management hearing or respond to communication in relation to the hearing – whether appeal should be dismissed – Held: appeal dismissed
Legislation: Federal Court Rules 2011 (Cth) r 5.23
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 5
Date of hearing: 23 September 2022
Counsel for the Appellant: The appellant did not appear at hearing
Counsel for the Respondents: Mr M Gao of HWL Ebsworth
Solicitor for the Respondents: HWL Ebsworth
ORDERS NSD 414 of 2020
BETWEEN: CFO17 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
order made by: THAWLEY J DATE OF ORDER: 23 SEPTEMBER 2022
THE COURT ORDERS THAT:
1. Subject to order 3, the appeal be dismissed. 2. The first respondent serve a copy of these orders on the appellant: (a) personally; (b) by the email address identified in the notice of appeal, as soon as reasonably practicable. 3. Reserve liberty to the appellant to apply within 14 days of personal service pursuant to order 2 hereof, for an order vacating order 1 on sufficient cause being shown. 4. The name of the first respondent be changed to "Minister for Immigration, Citizenship and Multicultural Affairs". 5. The appellant pay the first respondent's costs as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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