Applicant A17/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1080

Applicant A17/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1080

The applicant failed to fully comply with the orders requiring, by 19 September 2003, a notice of motion and affidavit seeking an extension of time. Because the order made on 5 September 2003 was self-executing, the application stood dismissed on 20 September 2003, and no further time was granted.

Jurisdiction
Australia
Judgment Date
08 October 2003
Procedural Posture
Application for an Order Nisi in Respect of Constitutional Writs Against the Respondents / Remitted Proceeding in the Federal Court; Application Dismissed After Failure to Comply With Self Executing Directions Order
Outcome
Application dismissed; applicant ordered to pay the first respondent's costs of the application.
Legal Topics
['refugee Review Tribunal Decision' 'constitutional Writs' 'non Compliance With Court Orders' 'self Executing Dismissal Order' 'transfer to Federal Magistrates Court']
['immigration Law' 'administrative Law' 'federal Court Procedure'] ['refugee Review Tribunal Decision' 'constitutional Writs' 'non Compliance With Court Orders' 'self Executing Dismissal Order' 'transfer to Federal Magistrates Court']

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Procedural Posture

Application for an Order Nisi in Respect of Constitutional Writs Against the Respondents / Remitted Proceeding in the Federal Court; Application Dismissed After Failure to Comply With Self Executing Directions Order

Legal Issues

  1. 1 ["Whether the applicant's failure to file and serve a notice of motion and affidavit seeking an extension of time meant the application stood dismissed under the self-executing order made on 5 September 2003." 'Whether the applicant should be given further time to comply with paragraph 1(a) of the orders of Selway J.' 'Whether the proceeding was appropriate to transfer to the Federal Magistrates Court.']

Ratio Decidendi

The applicant failed to fully comply with the orders requiring, by 19 September 2003, a notice of motion and affidavit seeking an extension of time. Because the order made on 5 September 2003 was self-executing, the application stood dismissed on 20 September 2003, and no further time was granted.

Court Disposition

Application dismissed; applicant ordered to pay the first respondent's costs of the application.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of the application."]