AQL16 v Minister for Home Affairs [2019] FCA 580

AQL16 v Minister for Home Affairs [2019] FCA 580

In light of the applicant's non-attendance, his awareness of the hearing, and evidence of his departure from Australia, the interests of justice are best served by dismissing the application for extension of time for failure to attend.

Parties
Applicant: AQL16; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Application for Extension of Time in Appellate Proceedings / Hearing and Determination of Application for Extension of Time
Outcome
Application dismissed; costs ordered against the applicant.
Legal Topics
Extension of Time, Dismissal for Non Attendance
Migration Law Administrative Law Extension of Time Dismissal for Non Attendance

Case Brief

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Parties

AQL16

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time in Appellate Proceedings / Hearing and Determination of Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant's application for an extension of time to file a notice of appeal should be granted
  2. 2 Whether the application should be dismissed for non-attendance

Ratio Decidendi

In light of the applicant's non-attendance, his awareness of the hearing, and evidence of his departure from Australia, the interests of justice are best served by dismissing the application for extension of time for failure to attend.

Court Disposition

Application dismissed; costs ordered against the applicant.

Orders

  • The applicant's application for an extension of time is dismissed.
  • The applicant pay the first respondent's costs of that application.