BMW15 v Minister for Immigration and Border Protection [2017] FCA 53

BMW15 v Minister for Immigration and Border Protection [2017] FCA 53

The applicant's unsworn correspondence did not justify concluding that he was incapable of attending court, at least to renew his adjournment application, and when the applicant did not appear at the hearing the Court dismissed the application for an extension of time under s 25(2B)(bb)(ii) as applied by s 25(2BA) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Application for Extension of Time Within Which to Lodge an Appeal Against a Judgment of the Federal Circuit Court of Australia / Hearing of Application for Extension of Time
Outcome
Application for an extension of time dismissed with costs payable by the applicant to the respondent Minister.
Legal Topics
['extension of Time to Appeal' 'adjournment' 'non Appearance' 'dismissal of Application']
['administrative and Constitutional Law and Human Rights' 'migration Law' 'federal Court Procedure'] ['extension of Time to Appeal' 'adjournment' 'non Appearance' 'dismissal of Application']

Case Brief

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Procedural Posture

Application for Extension of Time Within Which to Lodge an Appeal Against a Judgment of the Federal Circuit Court of Australia / Hearing of Application for Extension of Time

Legal Issues

  1. 1 ["Whether the applicant's request to postpone the hearing should be acted on in the absence of the Minister's consent and on the basis of unsworn correspondence." 'Whether the application for an extension of time should be dismissed when the applicant did not appear at the hearing.']

Ratio Decidendi

The applicant's unsworn correspondence did not justify concluding that he was incapable of attending court, at least to renew his adjournment application, and when the applicant did not appear at the hearing the Court dismissed the application for an extension of time under s 25(2B)(bb)(ii) as applied by s 25(2BA) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application for an extension of time dismissed with costs payable by the applicant to the respondent Minister.

Orders

  • ['The application for an extension of time be dismissed.' 'The applicant pay the costs of the respondent Minister.']