CRD16 v Minister for Immigration and Border Protection [2017] FCA 1416

CRD16 v Minister for Immigration and Border Protection [2017] FCA 1416

The application for an extension of time was dismissed because the applicant, having notice of the hearing and being informed of the need to attend or seek an adjournment, failed to appear, provide an explanation, or indicate an intention to pursue the application. The court exercised its discretion under r 5.23 to dismiss for default.

Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Determination of Extension of Time Application
Outcome
Application dismissed for non-attendance; costs awarded to First Respondent
Legal Topics
['extension of Time to Appeal' 'dismissal for Non Attendance']
['administrative Law' 'practice and Procedure'] ['extension of Time to Appeal' 'dismissal for Non Attendance']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the application for extension of time should be dismissed due to applicant's non-attendance" 'Whether the court should exercise discretion under r 5.23 of the Federal Court Rules 2011 to dismiss the application']

Ratio Decidendi

The application for an extension of time was dismissed because the applicant, having notice of the hearing and being informed of the need to attend or seek an adjournment, failed to appear, provide an explanation, or indicate an intention to pursue the application. The court exercised its discretion under r 5.23 to dismiss for default.

Court Disposition

Application dismissed for non-attendance; costs awarded to First Respondent

Orders

  • ['The application for the extension of time filed on 27 July 2017 is dismissed.' 'The Applicant is to pay the costs of the First Respondent of and incidental to the application for the extension of time, which are fixed in sum of $1,756.']