ECV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 590

ECV16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 590

Given the applicant’s departure from Australia, his expressed wish to discontinue the case, and his lack of lawful right to return, the application for extension of time is dismissed with costs.

Parties
Applicant: ECV16; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
27 May 2021
Procedural Posture
Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal
Outcome
Application for extension of time dismissed; applicant to pay respondent's costs
Legal Topics
Extension of Time to Appeal, Discontinuance of Proceedings, Jurisdictional Error
Migration Law Extension of Time to Appeal Discontinuance of Proceedings Jurisdictional Error

Case Brief

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Parties

ECV16

Applicant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the application for extension of time to file a notice of appeal should be granted
  2. 2 Whether the applicant's conduct (leaving Australia and seeking discontinuance) affects the continuation of the case

Ratio Decidendi

Given the applicant’s departure from Australia, his expressed wish to discontinue the case, and his lack of lawful right to return, the application for extension of time is dismissed with costs.

Court Disposition

Application for extension of time dismissed; applicant to pay respondent's costs

Orders

  • The application for an extension of time filed on 20 February 2020 is dismissed.
  • The applicant pay the costs of the first respondent of and incidental to the application.