Nadeem v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 165

Nadeem v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 165

Applicant provided no satisfactory explanation for absence at prior hearing and disclosed no reasonably arguable case; therefore, discretion to set aside previous order was not exercised.

Jurisdiction
Australia
Judgment Date
29 February 2024
Procedural Posture
Application to Set Aside Order (interlocutory) / Judgment on Interlocutory Application
Outcome
Application dismissed; costs ordered against applicant.
Legal Topics
['dismissal for Non Appearance' 'setting Aside Orders Made in Absence' 'leave to Appeal' 'costs']
['administrative Law' 'practice and Procedure'] ['dismissal for Non Appearance' 'setting Aside Orders Made in Absence' 'leave to Appeal' 'costs']

Case Brief

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Procedural Posture

Application to Set Aside Order (interlocutory) / Judgment on Interlocutory Application

Legal Issues

  1. 1 ["Whether to set aside order made in applicant's absence" 'Whether applicant provided satisfactory explanation for non-appearance' "Whether applicant's case had sufficient prospects of success"]

Ratio Decidendi

Applicant provided no satisfactory explanation for absence at prior hearing and disclosed no reasonably arguable case; therefore, discretion to set aside previous order was not exercised.

Court Disposition

Application dismissed; costs ordered against applicant.

Orders

  • ['The interlocutory application dated 9 January 2024 be dismissed.' "The applicant pay the first respondent's costs of and incidental to that application."]