BAV18 v Minister for Home Affairs [2019] FCA 151

BAV18 v Minister for Home Affairs [2019] FCA 151

Given the applicant's non-appearance, failure to file submissions, absence of a draft notice of appeal, and no communications elucidating the grounds of application, it was appropriate to dismiss the application for extension of time.

Jurisdiction
Australia
Judgment Date
19 February 2019
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Determination of Extension Application
Outcome
Application for extension of time dismissed; costs ordered against applicant
Legal Topics
['protection Visa' 'extension of Time' 'dismissal for Non Appearance']
['migration Law' 'administrative Law'] ['protection Visa' 'extension of Time' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Hearing and Determination of Extension Application

Legal Issues

  1. 1 ['Whether the application for an extension of time to appeal should be granted in circumstances of non-appearance and no submissions from the applicant']

Ratio Decidendi

Given the applicant's non-appearance, failure to file submissions, absence of a draft notice of appeal, and no communications elucidating the grounds of application, it was appropriate to dismiss the application for extension of time.

Court Disposition

Application for extension of time dismissed; costs ordered against applicant

Orders

  • ['The application for an extension of time is dismissed pursuant to r 35.33(a) of the Federal Court Rules 2011 (Cth).' "The applicant is to pay the first respondent's costs to be assessed if not agreed."]