FTY17 v Minister for Immigration and Border Protection [2019] FCA 682

FTY17 v Minister for Immigration and Border Protection [2019] FCA 682

The application was dismissed because the underlying application for leave to appeal had no substance. The applicant did not show any doubt as to the correctness of the Federal Circuit Court's interlocutory judgment, did not provide persuasive evidence explaining his failure to appear on 30 October 2018, and showed no reason to doubt the primary judge's conclusions that he had reasonable notice of the hearing and that the medical certificate did not relate to that date.

Jurisdiction
Australia
Judgment Date
15 May 2019
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Application in the Federal Court From Interlocutory Orders of the Federal Circuit Court Dismissing an Application in a Case for Non Appearance
Outcome
Application for an extension of time and for leave to appeal dismissed, with costs.
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'dismissal for Non Appearance' 'protection Visa' 'judicial Review' 'discretionary Decision']
['migration' 'administrative Law' 'federal Civil Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'dismissal for Non Appearance' 'protection Visa' 'judicial Review' 'discretionary Decision']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Application in the Federal Court From Interlocutory Orders of the Federal Circuit Court Dismissing an Application in a Case for Non Appearance

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to bring an application for leave to appeal.' "Whether leave to appeal should be granted from the Federal Circuit Court's interlocutory orders dismissing the applicant's Application in a Case for non-appearance." "Whether the applicant showed doubt as to the correctness of the primary judge's discretionary decision or substantial injustice if leave were refused."]

Ratio Decidendi

The application was dismissed because the underlying application for leave to appeal had no substance. The applicant did not show any doubt as to the correctness of the Federal Circuit Court's interlocutory judgment, did not provide persuasive evidence explaining his failure to appear on 30 October 2018, and showed no reason to doubt the primary judge's conclusions that he had reasonable notice of the hearing and that the medical certificate did not relate to that date.

Court Disposition

Application for an extension of time and for leave to appeal dismissed, with costs.

Orders

  • ['The application for an extension of time and for leave to appeal is dismissed.' "The applicant pay the first respondent's costs, as agreed or assessed."]