Applicant S1280 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 276

Applicant S1280 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 276

Leave to appeal was refused because the applicant identified no error by the Federal Magistrate, there was no reliable evidence supporting the adjournment request made before the Federal Magistrates Court, and no draft notice of appeal or submissions demonstrated any ground of error in the dismissal for non-appearance.

Jurisdiction
Australia
Judgment Date
20 March 2006
Procedural Posture
Application for Leave to Appeal in Migration Judicial Review Proceedings / Leave to Appeal From Orders of the Federal Magistrates Court Made on 21 July 2005
Outcome
Application for leave to appeal dismissed; applicant ordered to pay the first respondent's costs; Refugee Review Tribunal joined as second respondent.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'adjournment' 'dismissal for Non Appearance']
['administrative Law' 'immigration Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'adjournment' 'dismissal for Non Appearance']

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Procedural Posture

Application for Leave to Appeal in Migration Judicial Review Proceedings / Leave to Appeal From Orders of the Federal Magistrates Court Made on 21 July 2005

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the Federal Magistrate's dismissal of the application for want of appearance." "Whether the Federal Magistrate erred in refusing the applicant's informal adjournment request and dismissing the application in the applicant's absence." 'Whether an application under r 16.05(2)(a) of the Federal Magistrates Court Rules could be made in the Federal Court.']

Ratio Decidendi

Leave to appeal was refused because the applicant identified no error by the Federal Magistrate, there was no reliable evidence supporting the adjournment request made before the Federal Magistrates Court, and no draft notice of appeal or submissions demonstrated any ground of error in the dismissal for non-appearance.

Court Disposition

Application for leave to appeal dismissed; applicant ordered to pay the first respondent's costs; Refugee Review Tribunal joined as second respondent.

Orders

  • ['The application for leave be dismissed.' "The applicant pay the first respondent's costs." 'The Refugee Review Tribunal be joined as a party as a second respondent to the principal proceedings below before the Federal Magistrates Court and to the application for leave to appeal.']