AZAEO v Minister for Immigration and Border Protection [2015] FCA 179

AZAEO v Minister for Immigration and Border Protection [2015] FCA 179

The application for extension of time was dismissed because the applicant did not appear and the matter was dismissed for want of prosecution; the Federal Circuit Court judge's reasons did not reveal any error on their face, and the history of the matter made a lump sum costs order appropriate.

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Application for Extension of Time to File a Notice of Appeal, Treated as an Application for Extension of Time for Filing and Serving an Application for Leave to Appeal Including a Draft Notice of Appeal / Federal Court of Australia Application From Orders of the Federal Circuit Court Made on 22 September 2014
Outcome
Application for extension of time dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'want of Prosecution' 'protection Visa' 'refugee Review Tribunal Decision' 'costs']
['migration Law' 'federal Court Procedure'] ['extension of Time' 'leave to Appeal' 'want of Prosecution' 'protection Visa' 'refugee Review Tribunal Decision' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal, Treated as an Application for Extension of Time for Filing and Serving an Application for Leave to Appeal Including a Draft Notice of Appeal / Federal Court of Australia Application From Orders of the Federal Circuit Court Made on 22 September 2014

Legal Issues

  1. 1 ['Whether the application for extension of time should be dismissed for want of prosecution because the applicant did not appear.' "Whether there was any apparent error in the Federal Circuit Court judge's reasons." 'Whether a lump sum costs order should be made.']

Ratio Decidendi

The application for extension of time was dismissed because the applicant did not appear and the matter was dismissed for want of prosecution; the Federal Circuit Court judge's reasons did not reveal any error on their face, and the history of the matter made a lump sum costs order appropriate.

Court Disposition

Application for extension of time dismissed with costs.

Orders

  • ['The application for extension of time be dismissed with costs identified in the sum of $1,756.00.' "The first respondent notify the applicant by letter of the terms of these orders and these reasons by including a copy thereof when they are available in settled form from the Chief Justice's Associate."]