BZADH v Minister for Immigration and Citizenship [2013] FCA 376

BZADH v Minister for Immigration and Citizenship [2013] FCA 376

The application was dismissed because the applicant failed to appear at two scheduled hearings without providing sufficient justification, satisfying the requirements under s 25(2B)(bb)(ii) of the Act.

Parties
Applicant: BZADH; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
14 March 2013
Procedural Posture
Application for Extension of Time (leave to Appeal) / Ex Tempore Judgment on Directions Hearing; Application for Extension of Time Dismissed
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Federal Court Procedure, Failure to Appear
Administrative Law Extension of Time Appeals Federal Court Procedure Failure to Appear

Case Brief

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Parties

BZADH

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time (leave to Appeal) / Ex Tempore Judgment on Directions Hearing; Application for Extension of Time Dismissed

Legal Issues

  1. 1 Whether the application for extension of time to appeal should be dismissed for failure to appear
  2. 2 Whether applicant had justified his absence at directions hearings

Ratio Decidendi

The application was dismissed because the applicant failed to appear at two scheduled hearings without providing sufficient justification, satisfying the requirements under s 25(2B)(bb)(ii) of the Act.

Court Disposition

Application dismissed

Orders

  • The application filed 24 December 2012 is dismissed.
  • The applicant pay the first respondent's costs of and incidental to the application.