AZB15 v Minister for Immigration and Border Protection [2018] FCA 1347

AZB15 v Minister for Immigration and Border Protection [2018] FCA 1347

The application should be dismissed for non-attendance pursuant to subs 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because applicant failed to appear at the hearing, did not file written submissions, and proposed grounds of appeal lacked reasonable prospects of success.

Parties
Applicant: AZB15; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
28 August 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing and Judgment on Dismissal for Non Appearance
Outcome
Application dismissed for non-attendance
Legal Topics
Extension of Time, Leave to Appeal, Dismissal for Non Attendance, Protection Visa, Judicial Review
Administrative Law Migration Law Extension of Time Leave to Appeal Dismissal for Non Attendance Protection Visa Judicial Review

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Parties

AZB15

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing and Judgment on Dismissal for Non Appearance

Legal Issues

  1. 1 Whether the application for extension of time and leave to appeal should be dismissed for non-attendance at hearing
  2. 2 Whether applicant provided reasonable grounds or prospects for appeal

Ratio Decidendi

The application should be dismissed for non-attendance pursuant to subs 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because applicant failed to appear at the hearing, did not file written submissions, and proposed grounds of appeal lacked reasonable prospects of success.

Court Disposition

Application dismissed for non-attendance

Orders

  • The application is dismissed under subs 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
  • The applicant is to pay the first respondent's cost as agreed or assessed.