CEQ16 v Minister for Immigration and Border Protection [2018] FCA 259

Where an applicant does not appear, fails to comply with directions, provides no explanation for the delay or proposed grounds of appeal, and there is evidence the applicant is no longer in Australia or entitled to return, it is appropriate to dismiss the application for extension of time to appeal under the Federal Court Rules.

Jurisdiction: Australia
Judgment Date: 07 March 2018
Procedural Posture: Application for Extension of Time to Appeal / Hearing and Determination of Application for Extension of Time
Outcome: Application for extension of time to appeal dismissed.
Legal Topics: ['extension of Time to Appeal' 'judicial Review' 'non Appearance' 'jurisdictional Error']

['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'non Appearance' 'jurisdictional Error']

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Procedural Posture

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

Legal Issues

1 ['Whether the application for extension of time to appeal should be granted in light of non-appearance and lack of compliance with directions' 'Appropriate exercise of discretion under r 36.74(1)(c) of the Federal Court Rules 2011']

Ratio Decidendi

Court Disposition

Application for extension of time to appeal dismissed.

Orders

['The application for an extension of time in which to appeal is dismissed.' "The applicant is to pay the first respondent's costs."]