ATX16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 55

ATX16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 55

The applicant failed to demonstrate any error in Judge Street’s exercise of discretion in refusing the adjournment application, dismissing the application for non-appearance, or refusing reinstatement, and provided no reasonable explanation for delay in filing appeal. There was no denial of procedural fairness, and no merit in the grounds of review. Accordingly, the application for extension of time and leave to appeal was dismissed.

Jurisdiction
Australia
Judgment Date
04 February 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment
Outcome
Application dismissed
Legal Topics
['extension of Time' 'leave to Appeal' 'procedural Fairness' 'judicial Review' 'dismissal for Non Appearance']
['administrative Law' 'migration Law' 'human Rights Law'] ['extension of Time' 'leave to Appeal' 'procedural Fairness' 'judicial Review' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment

Legal Issues

  1. 1 ['Whether dismissal of application amounted to a denial of procedural fairness' 'Whether applicant was denied a reasonable opportunity to have his case presented' 'Whether the applicant provided satisfactory explanation for delay in filing appeal' 'Whether grounds of review had sufficient prospects of success']

Ratio Decidendi

The applicant failed to demonstrate any error in Judge Street’s exercise of discretion in refusing the adjournment application, dismissing the application for non-appearance, or refusing reinstatement, and provided no reasonable explanation for delay in filing appeal. There was no denial of procedural fairness, and no merit in the grounds of review. Accordingly, the application for extension of time and leave to appeal was dismissed.

Court Disposition

Application dismissed

Orders

  • ["The applicant's application for an extension of time and leave to appeal be dismissed." "The applicant pay the first respondent's costs of that application."]