DWN16 v Minister for Immigration and Border Protection [2018] FCA 2032

DWN16 v Minister for Immigration and Border Protection [2018] FCA 2032

Because the applicant did not appear and the Minister sought dismissal for want of appearance, it was appropriate to dismiss the application for an extension of time in default of appearance, with costs, under the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Application for Extension of Time in Which to File an Application for Leave to Appeal Against Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review / Dismissed for Default in Appearance
Outcome
Application for extension of time dismissed with costs by reason of default in appearance.
Legal Topics
['extension of Time' 'leave to Appeal' 'judicial Review' 'protection Visa' 'default in Appearance']
['administrative Law' 'migration Law'] ['extension of Time' 'leave to Appeal' 'judicial Review' 'protection Visa' 'default in Appearance']

Case Brief

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Procedural Posture

Application for Extension of Time in Which to File an Application for Leave to Appeal Against Orders of the Federal Circuit Court of Australia Dismissing an Application for Judicial Review / Dismissed for Default in Appearance

Legal Issues

  1. 1 ['Whether the application for an extension of time in which to file a notice of appeal should be dismissed because the applicant failed to appear.' "Whether any future application to set aside the orders would need to show utility in the appeal by identifying error in the Federal Circuit Court judge's approach and, if necessary, the Immigration Assessment Authority's approach."]

Ratio Decidendi

Because the applicant did not appear and the Minister sought dismissal for want of appearance, it was appropriate to dismiss the application for an extension of time in default of appearance, with costs, under the Federal Court Rules 2011 (Cth).

Court Disposition

Application for extension of time dismissed with costs by reason of default in appearance.

Orders

  • ['By reason of default in appearance, the application for an extension of time in which to file a notice of appeal be dismissed with costs.' 'The first respondent, through his solicitors, serve a copy of the reasons of today, together with a copy of the written submissions filed on behalf of the first respondent,...