Zafar v Minister for Immigration and Border Protection [2016] FCA 1345

Zafar v Minister for Immigration and Border Protection [2016] FCA 1345

The application for extension of time was dismissed because the applicant failed to appear at the hearing, did not provide adequate evidence of illness, and failed to comply with an order to file a draft notice of appeal, indicating non-prosecution of the appeal.

Jurisdiction
Australia
Judgment Date
14 November 2016
Procedural Posture
Application for Extension of Time / Hearing and Judgment
Outcome
Application dismissed with costs
Legal Topics
['extension of Time to Appeal' 'default by Applicant' 'judicial Review' 'costs']
['migration' 'administrative Law' 'practice and Procedure'] ['extension of Time to Appeal' 'default by Applicant' 'judicial Review' 'costs']

Case Brief

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Procedural Posture

Application for Extension of Time / Hearing and Judgment

Legal Issues

  1. 1 ["Whether the applicant's failure to attend the hearing and failure to file draft notice of appeal justify dismissal of the application for extension of time" 'Adequacy of explanation for non-attendance by applicant']

Ratio Decidendi

The application for extension of time was dismissed because the applicant failed to appear at the hearing, did not provide adequate evidence of illness, and failed to comply with an order to file a draft notice of appeal, indicating non-prosecution of the appeal.

Court Disposition

Application dismissed with costs

Orders

  • ['The application for an extension of time is dismissed.' "The applicant is to pay the first respondent's costs of and incidental to the application, to be taxed if not agreed."]