DLS21 v Minister for Immigration and Multicultural Affairs [2024] FCA 1337
The application was dismissed pursuant to r 35.33(1) of the Federal Court Rules 2011 (Cth) due to the Applicant's non-appearance at the hearing, with evidence that the Applicant was aware of the hearing details.
- Parties
- Applicant: DLS21; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 18 November 2024
- Procedural Posture
- Application for Extension of Time and Leave to Appeal / Hearing and Determination of Application for Extension of Time and Leave to Appeal
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Leave to Appeal, Dismissal for Non Appearance
Case Brief
Summary, issues, holding and outcome
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Parties
DLS21
Applicant
Minister for Immigration, Citizenship and Multicultural Affairs
First Respondent
Administrative Appeals Tribunal
Second Respondent
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing and Determination of Application for Extension of Time and Leave to Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time and leave to appeal
- 2 Whether the application should be dismissed due to non-appearance
Ratio Decidendi
The application was dismissed pursuant to r 35.33(1) of the Federal Court Rules 2011 (Cth) due to the Applicant's non-appearance at the hearing, with evidence that the Applicant was aware of the hearing details.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
- The Applicant pay the costs of the First Respondent, to be taxed if not agreed.
Full Case Text
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