Zahoor v Minister for Immigration and Border Protection [2019] FCA 305

Zahoor v Minister for Immigration and Border Protection [2019] FCA 305

Because the Applicant was advised of the hearing, did not appear, filed and served no submissions, and gave no reason for non-appearance, it was appropriate to exercise the statutory power to dismiss the application with costs.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Application for an Extension of Time and Leave to Appeal / Federal Court Application From Orders of the Federal Circuit Court Made on 20 June 2018
Outcome
The application was dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'failure to Attend Hearing' 'dismissal With Costs']
['administrative Law' 'immigration Law'] ['extension of Time to Appeal' 'leave to Appeal' 'failure to Attend Hearing' 'dismissal With Costs']

Case Brief

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Procedural Posture

Application for an Extension of Time and Leave to Appeal / Federal Court Application From Orders of the Federal Circuit Court Made on 20 June 2018

Legal Issues

  1. 1 ['Whether the application for an extension of time and leave to appeal should be dismissed where the Applicant failed to attend the hearing and filed no submissions.']

Ratio Decidendi

Because the Applicant was advised of the hearing, did not appear, filed and served no submissions, and gave no reason for non-appearance, it was appropriate to exercise the statutory power to dismiss the application with costs.

Court Disposition

The application was dismissed with costs.

Orders

  • ['The application be dismissed with costs.']