CCX15 v Minister for Immigration and Border Protection [2016] FCA 1418

CCX15 v Minister for Immigration and Border Protection [2016] FCA 1418

The applicants failed to appear at the listed hearing despite notices having been sent to the address in their application, and they had not actively pursued the application by filing a draft notice of appeal or written submissions as ordered; in those circumstances the application was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Application for Extension of Time to Appeal Judgment of the Federal Circuit Court of Australia / Hearing of Application; Application Dismissed for Failure of the Applicants to Appear
Outcome
Application dismissed; applicants to pay the first respondent's costs as agreed or taxed.
Legal Topics
['extension of Time to Appeal' 'protection Visas' 'failure to Appear at Hearing']
['migration' 'administrative and Constitutional Law and Human Rights'] ['extension of Time to Appeal' 'protection Visas' 'failure to Appear at Hearing']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal Judgment of the Federal Circuit Court of Australia / Hearing of Application; Application Dismissed for Failure of the Applicants to Appear

Legal Issues

  1. 1 ['Whether the application for an extension of time to appeal should be dismissed because the applicants failed to appear at the hearing']

Ratio Decidendi

The applicants failed to appear at the listed hearing despite notices having been sent to the address in their application, and they had not actively pursued the application by filing a draft notice of appeal or written submissions as ordered; in those circumstances the application was dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application dismissed; applicants to pay the first respondent's costs as agreed or taxed.

Orders

  • ['The application is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure of the applicants to appear at the hearing.' "The applicants' pay the first respondent's costs as agreed or taxed."]