Lee v Minister for Immigration and Citizenship [2007] FCA 621

Lee v Minister for Immigration and Citizenship [2007] FCA 621

Because the applicant or appellant had been notified of the time and date of the hearing, did not appear, and the first respondent sought dismissal on that basis, the application and appeal were dismissed and costs were ordered against the appellant/applicant.

Jurisdiction
Australia
Judgment Date
01 May 2007
Procedural Posture
Appeal From the Federal Magistrates Court of Australia; Purported Application for Extension of Time to File and Serve a Notice of Appeal / Dismissed for Non Appearance
Outcome
Proceedings dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
Legal Topics
['migration Review' 'extension of Time to Appeal' 'non Appearance' 'dismissal of Proceedings' 'costs']
['immigration' 'administrative Law' 'civil Procedure'] ['migration Review' 'extension of Time to Appeal' 'non Appearance' 'dismissal of Proceedings' 'costs']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia; Purported Application for Extension of Time to File and Serve a Notice of Appeal / Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the purported application for an extension of time should be treated as an appeal.' 'Whether the application or appeal should be dismissed because the applicant or appellant did not appear after being notified of the hearing.']

Ratio Decidendi

Because the applicant or appellant had been notified of the time and date of the hearing, did not appear, and the first respondent sought dismissal on that basis, the application and appeal were dismissed and costs were ordered against the appellant/applicant.

Court Disposition

Proceedings dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Orders

  • ['The proceedings be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).' "The appellant pay the first respondent's costs fixed in the sum of $1000."]