SZVIH v Minister for Immigration and Border Protection [2016] FCA 642

SZVIH v Minister for Immigration and Border Protection [2016] FCA 642

The application was dismissed as the applicants did not appear at the hearing, service had been effected, and no prospects of success existed for the stated grounds of appeal.

Parties
First Applicant: SZVIH; Second Applicant: SZVII; Third Applicant: SZVIJ; Fourth Applicant: SZVIK; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
25 May 2016
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Hearing
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Appeal Dismissed for Non Appearance, Judicial Review
Administrative Law Migration Law Extension of Time Appeal Dismissed for Non Appearance Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

SZVIH

First Applicant

SZVII

Second Applicant

SZVIJ

Third Applicant

SZVIK

Fourth Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal; Hearing

Legal Issues

  1. 1 Whether the application for extension of time to appeal should be granted
  2. 2 Whether grounds of appeal (bias, failure to hear evidence) are meritorious
  3. 3 Whether procedural rules require dismissal for non-appearance

Ratio Decidendi

The application was dismissed as the applicants did not appear at the hearing, service had been effected, and no prospects of success existed for the stated grounds of appeal.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed with costs.