HZAAG v Minister for Immigration and Citizenship [2013] FCA 259
The applicant had been made aware of the hearing date and likely hearing time, was absent when the application was called on, and therefore the Minister's application for dismissal under r 35.33 should be granted; there was no reason not to order that the applicant pay the Minister's costs.
- Jurisdiction
- Australia
- Judgment Date
- 06 March 2013
- Procedural Posture
- Application for an Extension of Time in Which to Appeal From a Decision of the Federal Magistrates Court / Hearing of Application; Applicant Absent; Application Dismissed
- Outcome
- Application dismissed with costs.
- Legal Topics
- ['protection Visa' 'extension of Time to Appeal' 'dismissal for Non Appearance' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for an Extension of Time in Which to Appeal From a Decision of the Federal Magistrates Court / Hearing of Application; Applicant Absent; Application Dismissed
Legal Issues
- 1 ['Whether the application for an extension of time to appeal should be dismissed because the applicant was absent when it was called on for hearing' "Whether the applicant should pay the Minister's costs"]
Ratio Decidendi
The applicant had been made aware of the hearing date and likely hearing time, was absent when the application was called on, and therefore the Minister's application for dismissal under r 35.33 should be granted; there was no reason not to order that the applicant pay the Minister's costs.
Court Disposition
Application dismissed with costs.
Orders
- ['The application be dismissed.' "The applicant pay the Minister's costs."]
Full Case Text
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