Cherukure v Minister for Immigration and Border Protection [2019] FCA 252

Cherukure v Minister for Immigration and Border Protection [2019] FCA 252

The application for extension of time was summarily dismissed because the applicant failed to appear at the hearing, despite being given adequate and sufficient notice, and made no submissions in support of his application.

Parties
Applicant: Jagadish Cherukure; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
26 February 2019
Procedural Posture
Application for Extension of Time in Appeal (administrative Law) / Summary Dismissal of Application for Extension of Time
Outcome
Application summarily dismissed; costs to first respondent
Legal Topics
Extension of Time for Appeal, Summary Dismissal for Non Appearance
Administrative Law Immigration Law Extension of Time for Appeal Summary Dismissal for Non Appearance

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Parties

Jagadish Cherukure

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time in Appeal (administrative Law) / Summary Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to appeal should be granted
  2. 2 Whether the application should be dismissed for non-appearance of the applicant

Ratio Decidendi

The application for extension of time was summarily dismissed because the applicant failed to appear at the hearing, despite being given adequate and sufficient notice, and made no submissions in support of his application.

Court Disposition

Application summarily dismissed; costs to first respondent

Orders

  • The application is summarily dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), read together with s 25(2BA), and r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).
  • The applicant is to pay the first respondent's costs as agreed or assessed.