Kancharla v Minister for Immigration and Border Protection [2019] FCA 713

Kancharla v Minister for Immigration and Border Protection [2019] FCA 713

The application was dismissed due to the applicant's absence at the hearing, pursuant to r 35.33(1)(a) of the Federal Court Rules 2011 (Cth); no extension of time was needed, but leave to appeal was necessary.

Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Application for Leave to Appeal / Dismissal of Application at Hearing
Outcome
Application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'dismissal for Non Attendance' 'visa Refusal']
['administrative Law'] ['extension of Time' 'leave to Appeal' 'dismissal for Non Attendance' 'visa Refusal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal of Application at Hearing

Legal Issues

  1. 1 ['Whether the application was filed within time under the Federal Court Rules 2011 (Cth)' 'Whether leave to appeal should be granted' "Whether application should be dismissed due to applicant's non-attendance"]

Ratio Decidendi

The application was dismissed due to the applicant's absence at the hearing, pursuant to r 35.33(1)(a) of the Federal Court Rules 2011 (Cth); no extension of time was needed, but leave to appeal was necessary.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed pursuant to r 35.33 of the Federal Court Rules 2011 (Cth).' "Applicant to pay the First Respondent's costs."]