CUH17 v Minister for Immigration and Border Protection [2018] FCA 1699

CUH17 v Minister for Immigration and Border Protection [2018] FCA 1699

The court determined that, although the grounds for adjournment due to illness were weak, fairness required giving the applicant additional time to file submissions explaining both the delay and why the lower court was wrong; failing that, the Court would deal with the matter on the papers.

Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Application for Extension of Time (appeal) / Interlocutory
Outcome
Hearing vacated and stood over; directions given for filing submissions; matter may proceed on the papers if applicant fails to file material or no response is required from the Minister.
Legal Topics
['extension of Time' 'judicial Review' 'appeal Procedures' 'adjournment']
['administrative Law'] ['extension of Time' 'judicial Review' 'appeal Procedures' 'adjournment']

Case Brief

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Procedural Posture

Application for Extension of Time (appeal) / Interlocutory

Legal Issues

  1. 1 ['Whether an extension of time should be granted for filing a notice of appeal against the Federal Circuit Court decision' 'Whether the applicant has provided a sufficient explanation for the delay' 'Whether there are arguable grounds that the Federal Circuit Court was wrong']

Ratio Decidendi

The court determined that, although the grounds for adjournment due to illness were weak, fairness required giving the applicant additional time to file submissions explaining both the delay and why the lower court was wrong; failing that, the Court would deal with the matter on the papers.

Court Disposition

Hearing vacated and stood over; directions given for filing submissions; matter may proceed on the papers if applicant fails to file material or no response is required from the Minister.

Orders

  • ['Hearing vacated and stood over to a date to be fixed for judgment or further hearing.' 'Applicant to file and serve written submissions and material in support of draft notice of appeal by 7 December 2018.' 'If no material is filed, or no response required, matter will proceed to judgment on the papers.' 'If...