Mishra v Minister for Immigration and Border Protection [2018] FCA 76

Mishra v Minister for Immigration and Border Protection [2018] FCA 76

In the absence of the applicant, and without explanation, the application is appropriately dismissed pursuant to Federal Court Rules 2011 (Cth) r 35.33(1), and an order for costs is warranted, subject to possible variation under r 35.33(2) if an application is made within 21 days.

Parties
Applicant: Abhitesh Anand Mishra; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Application for Judicial Review (and Extension of Time) / Dismissal for Non Appearance
Outcome
Application dismissed for non-appearance
Legal Topics
Visa Cancellation, Character Test, Judicial Review, Extension of Time, Procedural Fairness
Administrative Law Migration Law Visa Cancellation Character Test Judicial Review Extension of Time Procedural Fairness

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Parties

Abhitesh Anand Mishra

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Judicial Review (and Extension of Time) / Dismissal for Non Appearance

Legal Issues

  1. 1 Whether the application for review should be dismissed for non-appearance
  2. 2 Whether costs should be ordered against the applicant

Ratio Decidendi

In the absence of the applicant, and without explanation, the application is appropriately dismissed pursuant to Federal Court Rules 2011 (Cth) r 35.33(1), and an order for costs is warranted, subject to possible variation under r 35.33(2) if an application is made within 21 days.

Court Disposition

Application dismissed for non-appearance

Orders

  • The application be dismissed pursuant to Federal Court Rules 2011 (Cth) r 35.33(1).
  • The applicant pay the first respondent's costs.