Federal Court of Australia
Federal Court of Australia
BTA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 730 Appeal from: BTA17 v Minister for Immigration and Border Protection [2020] FCCA 1915
File number(s): NSD 893 of 2020
Judgment of: JACKMAN J
Date of judgment: 27 June 2023
Catchwords: MIGRATION – appeal from decision of primary judge in Federal Circuit Court – interlocutory application for dismissal pursuant to the Federal Court Rules 2011 (Cth), r 36.74 – where a long period of time has transpired since the filing of the notice of appeal – where the appellant has failed to respond to any correspondence – where the appellant has departed overseas with no right of return – appeal dismissed
Legislation: Federal Court Rules 2011 (Cth) r 36.74
Cases cited: BTA17 v Minister for Immigration and Border Protection [2020] FCCA 1915
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of hearing: 27 June 2023
Counsel for the Appellant: The Appellant did not appear.
Solicitor for the First Respondent: T Goodwin of the Australian Government Solicitor
Table of Corrections
6 July 2023 Name of second respondent amended.
ORDERS NSD 893 of 2020
BETWEEN: BTA17 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
order made by: JACKMAN J DATE OF ORDER: 27 JUNE 2023
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