DXJ18 v Minister for Home Affairs [2019] FCA 1347

DXJ18 v Minister for Home Affairs [2019] FCA 1347

Given the applicant's failure to appear and non-compliance with procedural requirements, dismissal of the extension application is appropriate under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Determination of Extension Application
Outcome
Application dismissed with costs
Legal Topics
['extension of Time to Appeal' 'judicial Review' 'visa Condition Waiver']
['migration Law' 'administrative Law'] ['extension of Time to Appeal' 'judicial Review' 'visa Condition Waiver']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether extension of time to appeal should be granted after applicant's failure to file notice of appeal within required period" "Effect of applicant's non-appearance at hearing"]

Ratio Decidendi

Given the applicant's failure to appear and non-compliance with procedural requirements, dismissal of the extension application is appropriate under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application dismissed with costs

Orders

  • ['Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the application be dismissed with costs.' 'Should an application be made by the applicant to set aside order (1) above made in his absence, the matter be placed in the docket of Justice Burley.']