Applicant A222 of 2003 v Refugee Review Tribunal [2004] FCA 378

Applicant A222 of 2003 v Refugee Review Tribunal [2004] FCA 378

The applicant had been given multiple extensions to comply with the orders requiring a statement of contentions and supporting affidavits. Nothing was put to the Court to justify a further extension, and the applicant gave no adequate reason for not obtaining other legal advice. The Court was therefore not persuaded to extend time again and dismissed the application for the issue of the constitutional writs.

Jurisdiction
Australia
Judgment Date
22 March 2004
Procedural Posture
Application for the Issue of Constitutional Writs / On Remittal From the High Court of Australia; Adjourned Directions Hearing/show Cause After Non Compliance With Orders
Outcome
The applicant's application for the issue of the constitutional writs was dismissed with costs.
Legal Topics
['refugee Review Tribunal' 'constitutional Writs' 'extension of Time' 'non Compliance With Court Orders' 'dismissal for Want of Prosecution' 'costs']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['refugee Review Tribunal' 'constitutional Writs' 'extension of Time' 'non Compliance With Court Orders' 'dismissal for Want of Prosecution' 'costs']

Case Brief

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Procedural Posture

Application for the Issue of Constitutional Writs / On Remittal From the High Court of Australia; Adjourned Directions Hearing/show Cause After Non Compliance With Orders

Legal Issues

  1. 1 ["Whether the applicant should be granted a further extension of time to comply with the Court's orders made on 3 November 2003." "Whether the application for the issue of constitutional writs should be dismissed because the applicant failed to comply with the Court's orders and failed to show cause why it should not stand dismissed."]

Ratio Decidendi

The applicant had been given multiple extensions to comply with the orders requiring a statement of contentions and supporting affidavits. Nothing was put to the Court to justify a further extension, and the applicant gave no adequate reason for not obtaining other legal advice. The Court was therefore not persuaded to extend time again and dismissed the application for the issue of the constitutional writs.

Court Disposition

The applicant's application for the issue of the constitutional writs was dismissed with costs.

Orders

  • ["The applicant's application for the issue of the constitutional writs is dismissed." "The applicant to pay the respondents' costs."]