CFD17 v Minister for Immigration and Border Protection [2018] FCA 758

CFD17 v Minister for Immigration and Border Protection [2018] FCA 758

The application for an extension of time was dismissed pursuant to rule 36.75(1)(a)(i) because the applicant failed to appear at the hearing, had not provided an explanation for his non-attendance, was no longer in Australia and unable to return, did not comply with procedural requirements, and the proposed grounds of appeal were without merit and did not identify jurisdictional error.

Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Appeal / Application for Extension of Time to Appeal – Dismissed for Non Appearance
Outcome
Application dismissed for non-appearance with costs ordered against the applicant.
Legal Topics
['dismissal for Non Appearance' 'extension of Time' 'jurisdictional Error' 'judicial Review']
['migration Law' 'administrative Law'] ['dismissal for Non Appearance' 'extension of Time' 'jurisdictional Error' 'judicial Review']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to Appeal – Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the application for an extension of time should be dismissed for non-appearance under rule 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth)' 'Whether there was any merit in the proposed grounds of appeal']

Ratio Decidendi

The application for an extension of time was dismissed pursuant to rule 36.75(1)(a)(i) because the applicant failed to appear at the hearing, had not provided an explanation for his non-attendance, was no longer in Australia and unable to return, did not comply with procedural requirements, and the proposed grounds of appeal were without merit and did not identify jurisdictional error.

Court Disposition

Application dismissed for non-appearance with costs ordered against the applicant.

Orders

  • ['The application for an extension of time is dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).' "The appellant is to pay the first respondent's costs as agreed or assessed."]