Moana v Minister for Immigration and Border Protection (No 3) [2019] FCA 2052

The application was dismissed on an interlocutory basis for want of prosecution due to the applicant's absence, lack of representation, and failure to provide instructions or submit argument, with leave reserved to re-instate the application if adequately explained.

Jurisdiction: Australia
Judgment Date: 04 December 2019
Procedural Posture: Application for Extension of Time and Leave to Appeal / Interlocutory Dismissal for Want of Prosecution
Outcome: Application dismissed for want of prosecution, with no order as to costs; order capable of being set aside upon application by the applicant with proper explanation.
Legal Topics: ['extension of Time for Leave to Appeal' 'removal From Australia' 'judicial Power of the Commonwealth' 'contempt of Court']

['administrative Law' 'immigration Law'] ['extension of Time for Leave to Appeal' 'removal From Australia' 'judicial Power of the Commonwealth' 'contempt of Court']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory Dismissal for Want of Prosecution

Legal Issues

1 ['Whether the application for extension of time and leave to appeal should be dismissed for want of prosecution' "The effect of applicant's removal from Australia on proceedings" 'Requirements for proper opportunity to seek injunctive relief to prevent removal']

Ratio Decidendi

Court Disposition

Application dismissed for want of prosecution, with no order as to costs; order capable of being set aside upon application by the applicant with proper explanation.

Orders

['The application for an extension of time and leave to appeal is dismissed with no order as to costs.']