DSR16 v Minister for Immigration and Border Protection [2018] FCA 154

DSR16 v Minister for Immigration and Border Protection [2018] FCA 154

The adjournment was refused because the Applicant provided no confirmatory medical evidence despite being asked to do so, had a repeated history of late postponement requests and non-attendance with inconsistent explanations, and an adjournment would serve no point because the application was doomed to fail. The application for extension of time and leave to appeal was dismissed because the Applicant did not attend and his grounds in the Federal Circuit Court did not identify any jurisdictional error or other basis for judicial review, but merely sought to reopen Tribunal proceedings and provide further documents.

Jurisdiction
Australia
Judgment Date
19 February 2018
Procedural Posture
Migration Application for an Extension of Time and Leave to Appeal From a Decision of the Federal Circuit Court / Hearing of Informal Adjournment Request and First Respondent's Application to Dismiss for Non Attendance
Outcome
Adjournment refused; application for extension of time and leave to appeal dismissed; costs awarded to the First Respondent.
Legal Topics
['protection Visa' 'extension of Time' 'leave to Appeal' 'adjournment' 'non Attendance' 'judicial Review' 'jurisdictional Error' 'costs']
['migration' 'administrative Law' 'federal Court Procedure'] ['protection Visa' 'extension of Time' 'leave to Appeal' 'adjournment' 'non Attendance' 'judicial Review' 'jurisdictional Error' 'costs']

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Procedural Posture

Migration Application for an Extension of Time and Leave to Appeal From a Decision of the Federal Circuit Court / Hearing of Informal Adjournment Request and First Respondent's Application to Dismiss for Non Attendance

Legal Issues

  1. 1 ["Whether the Applicant's informal request for an adjournment should be granted despite his non-attendance at the hearing" "Whether the application for an extension of time and leave to appeal should be dismissed under r 35.33 of the Federal Court Rules 2011 (Cth) because of the Applicant's non-attendance" 'Whether the proposed appeal had any prospect of success where the Federal Circuit Court application sought reopening of Tribunal proceedings but did not identify jurisdictional error']

Ratio Decidendi

The adjournment was refused because the Applicant provided no confirmatory medical evidence despite being asked to do so, had a repeated history of late postponement requests and non-attendance with inconsistent explanations, and an adjournment would serve no point because the application was doomed to fail. The application for extension of time and leave to appeal was dismissed because the Applicant did not attend and his grounds in the Federal Circuit Court did not identify any jurisdictional error or other basis for judicial review, but merely sought to reopen Tribunal proceedings and provide further documents.

Court Disposition

Adjournment refused; application for extension of time and leave to appeal dismissed; costs awarded to the First Respondent.

Orders

  • ["The application for the adjournment of today's hearing is refused." 'The application for the extension of time and for leave to appeal filed on 5 October 2017 is dismissed.' 'The Applicant is to pay the costs of the First Respondent of and incidental to the application which be fixed in the sum of $1,756.']