Federal Court of Australia
Federal Court of Australia
Nadeem v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1498 Appeal from: Nadeem v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1453
File number(s): NSD 595 of 2021
Judgment of: HORAN J
Date of judgment: 29 November 2023
Date of publication of reasons: 30 November 2023
Catchwords: MIGRATION – application for leave to appeal from interlocutory orders of Federal Circuit Court of Australia dismissing application to reinstate proceedings dismissed in default of appearance – where no appearance by applicant at hearing of reinstatement before Federal Circuit Court – request for adjournment of hearing of application for leave to appeal – where evidence insufficient to warrant grant of adjournment – where no appearance by applicant at hearing of application for leave to appeal – application dismissed for absence of party at hearing pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth)
Legislation: Migration Act 1958 (Cth) s 476 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 17.05 Federal Circuit Court Rules 2011 (Cth) r 13.03C(1)(c) Federal Court Rules 2011 (Cth) rr 35.32, 35.33(1)(a)(i) Migration Regulations 1994 (Cth) Sch 2
Cases cited: BXD17 v Minister for Immigration and Border Protection [2018] FCA 765 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 MZAKQ v Minister for Immigration and Border Protection [2016] FCA 1392 MZZGY v Minister for Immigration and Border Protection [2014] FCA 488 Sahib v Minister for Immigration and Citizenship [2010] FCA 944 Singh v Minister for Immigration and Border Protection [2017] FCA 216 Singh v Minister for Immigration and Citizenship [2013] FCA 199 Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 905
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