Federal Court of Australia
Federal Court of Australia
BQI18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1267 Appeal from: BQI18 v Minister for Immigration [2020] FCCA 370
File number(s): NSD 243 of 2020
Judgment of: HALLEY J
Date of judgment: 26 October 2022
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia affirming a decision of the Immigration Assessment Authority to affirm a decision of a delegate not to grant a protection visa PRACTICE AND PROCEDURE – where appellant has not provided substantive response to any communication from the Court or the first respondent since filing notice of appeal in March 2020 – where appellant failed to comply with direction of the Court to attend a case management hearing – where first respondent applied for dismissal of proceedings under 36.74 of the Federal Court Rules 2011 (Cth) – order that appeal be dismissed subject to liberty to apply to vary or set aside the order within 21 days
Legislation: Migration Act 1958 (Cth) ss 36, 476 Federal Court Rules 2011 (Cth) rr 2.16, 11.01, 36.41, 36.74
Cases cited: ALD19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 735 Bailey v Marinoff (1971) 125 CLR 529; [1971] HCA 49 BQI18 v Minister for Immigration & Anor [2020] FCCA 370
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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