ADR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 384

ADR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 384

The application for extension of time and leave to appeal was dismissed because the applicant failed to prosecute the proceeding, failed to comply with directions, did not attend the hearing, and the application lacked any meaningful grounds, was unsupported by evidence, and was now futile as the applicant was outside Australia and ineligible for a visa.

Jurisdiction
Australia
Judgment Date
17 March 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal – Dismissal for Want of Prosecution
Outcome
application dismissed for want of prosecution
Legal Topics
['extension of Time' 'leave to Appeal' 'want of Prosecution' 'judicial Review' 'protection Visa']
['administrative Law'] ['extension of Time' 'leave to Appeal' 'want of Prosecution' 'judicial Review' 'protection Visa']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal / Application for Extension of Time and Leave to Appeal – Dismissal for Want of Prosecution

Legal Issues

  1. 1 ["Whether the applicant's application for extension of time and leave to appeal should be dismissed for want of prosecution" "Whether the applicant's appeal is foredoomed or futile"]

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because the applicant failed to prosecute the proceeding, failed to comply with directions, did not attend the hearing, and the application lacked any meaningful grounds, was unsupported by evidence, and was now futile as the applicant was outside Australia and ineligible for a visa.

Court Disposition

application dismissed for want of prosecution

Orders

  • ["The applicant's application for an extension of time and leave to appeal filed on 28 October 2019 be dismissed pursuant to r 35.32(c) and (d) of the Federal Court Rules 2011 (Cth)." "The applicant pay the first respondent's costs as agreed or assessed."]