EJE20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1438

EJE20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1438

The application should be dismissed with costs because the applicant failed to communicate with the Court or attend the hearing despite repeated notification and warning, demonstrating lack of intent to prosecute the matter or failure to conduct the proceedings diligently.

Jurisdiction
Australia
Judgment Date
20 November 2023
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal at Hearing Due to Applicant's Non Attendance
Outcome
Application dismissed with costs, subject to liberty to apply to vary or set aside within 14 days.
Legal Topics
['extension of Time' 'leave to Appeal' 'dismissal for Non Attendance' 'practice and Procedure']
['administrative Law'] ['extension of Time' 'leave to Appeal' 'dismissal for Non Attendance' 'practice and Procedure']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal at Hearing Due to Applicant's Non Attendance

Legal Issues

  1. 1 ['Whether the application for extension of time and leave to appeal should be dismissed due to non-attendance' 'Whether the applicant is entitled to apply to vary or set aside the dismissal order']

Ratio Decidendi

The application should be dismissed with costs because the applicant failed to communicate with the Court or attend the hearing despite repeated notification and warning, demonstrating lack of intent to prosecute the matter or failure to conduct the proceedings diligently.

Court Disposition

Application dismissed with costs, subject to liberty to apply to vary or set aside within 14 days.

Orders

  • ["The name of the first respondent be amended to 'Minister for Immigration, Citizenship and Multicultural Affairs'." 'The application be dismissed under r 35.33(1)(a)(i), with costs.' 'The first respondent serve these orders and reasons on the applicant by email and physically at addresses recorded on the...