CFS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 831

CFS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 831

The application was dismissed because the applicant failed to appear, provided no substantive material or explanation, there was no merit in the proposed grounds of appeal, and the applicant was no longer in Australia and thus ineligible for the protection visa sought to be appealed.

Parties
Applicant: CFS17; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Application for Extension of Time to Appeal / Application for Extension of Time—hearing and Judgment
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Procedural Default, Protection Visas
Migration Law Administrative Law Extension of Time Procedural Default Protection Visas

Case Brief

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Parties

CFS17

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Application for Extension of Time—hearing and Judgment

Legal Issues

  1. 1 Whether to grant an extension of time to appeal in circumstances where the applicant has not participated or appeared and is now offshore

Ratio Decidendi

The application was dismissed because the applicant failed to appear, provided no substantive material or explanation, there was no merit in the proposed grounds of appeal, and the applicant was no longer in Australia and thus ineligible for the protection visa sought to be appealed.

Court Disposition

Application dismissed with costs

Orders

  • The name of the first respondent be amended to 'Minister for Immigration, Citizenship and Multicultural Affairs'.
  • The application for an extension of time be dismissed with costs.