Ram v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1408

Because the applicant had proper notice of the hearing but failed to file submissions, failed to appear, and had made no contact with the Court or the Minister's solicitor since filing the application, the Court was satisfied it could and should dismiss the application for an extension of time with costs.

Jurisdiction: Australia
Judgment Date: 11 November 2021
Procedural Posture: Application for an Extension of Time to Appeal Against a Decision of the Federal Circuit Court of Australia / Hearing of Application for Extension of Time
Outcome: Application for an extension of time dismissed with costs.
Legal Topics: ['extension of Time to Appeal' 'failure to Appear' 'dismissal for Default' 'partner (temporary) (class Uk) Visa']

['migration' 'administrative Law'] ['extension of Time to Appeal' 'failure to Appear' 'dismissal for Default' 'partner (temporary) (class Uk) Visa']

Case Brief

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Procedural Posture

Application for an Extension of Time to Appeal Against a Decision of the Federal Circuit Court of Australia / Hearing of Application for Extension of Time

Legal Issues

1 ['Whether the application for an extension of time should be dismissed where the applicant had taken no steps in the proceeding, filed no submissions, was uncontactable and did not appear at the hearing.' 'Whether the Court had power to dismiss the application for failure of the applicant to attend the hearing.']

Ratio Decidendi

Court Disposition

Application for an extension of time dismissed with costs.

Orders

['The application for an extension of time filed on 24 January 2020 be dismissed with costs.']