Federal Court of Australia
Federal Court of Australia
FBD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 445 Appeal from: Application for leave to appeal and appeal: FBD19 v Minister for Immigration & Anor [2020] FCCA 2028
File number: NSD 853 of 2020
Judgment of: STEWART J
Date of judgment: 5 May 2023
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from a decision of the Federal Circuit Court – where evidence of applicant departing from Australia in December 2020 and not returning – where applicant failed to respond to communication from the Court – where applicant failed to appear at case management hearing – where applicant had proper notice of the hearing – application dismissed pursuant to rr 35.32(c) and 35.33(1) of the Federal Court Rules 2011
Legislation: Federal Court of Australia Act 1976 s 24(1A) Federal Court Rules 2011 rr 35.32(c), 35.33(1) Federal Circuit Court Rules 2001 rr 44.12(1)(a), 44.12(2)
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 13
Date of hearing: 5 May 2023
Counsel for the Applicant: The Applicant did not appear
Solicitor for the First Respondent: M Harradine of Mills Oakley
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS NSD 853 of 2020
BETWEEN: FBD19 Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent ADMINISTRATIVE APPEALS TRIBUBAL Second Respondent
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