ELK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 321

ELK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 321

The applicant did not appear when the proceeding was called, the Court inferred that notice of the hearing had been sent to the applicant's email address, and registry inquiries confirmed no attendance by the applicant in person or by telephone; in those circumstances the Minister's application for dismissal for want of prosecution should be granted.

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Application for Extension of Time / Hearing
Outcome
Extension of time application dismissed.
Legal Topics
['extension of Time' 'dismissal for Want of Prosecution' 'non Appearance at Hearing']
['administrative and Constitutional Law and Human Rights' 'migration'] ['extension of Time' 'dismissal for Want of Prosecution' 'non Appearance at Hearing']

Case Brief

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Procedural Posture

Application for Extension of Time / Hearing

Legal Issues

  1. 1 ['Whether the extension of time application should be dismissed for want of prosecution after the applicant failed to appear at the hearing.']

Ratio Decidendi

The applicant did not appear when the proceeding was called, the Court inferred that notice of the hearing had been sent to the applicant's email address, and registry inquiries confirmed no attendance by the applicant in person or by telephone; in those circumstances the Minister's application for dismissal for want of prosecution should be granted.

Court Disposition

Extension of time application dismissed.

Orders

  • ['The extension of time application be dismissed.' "The applicant pay the first respondent's costs, of and incidental to the application, as fixed by the Registrar or agreed."]