Kaur v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 712

Kaur v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 712

The application was dismissed because the applicants had been put on notice that dismissal would follow if they failed to file a notice of motion and supporting affidavit, they did not file those documents, their request for transfer was not acceded to, and there appeared to be no reasonably arguable challenge to the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
09 July 2003
Procedural Posture
Judicial Review of a Migration Review Tribunal Decision Refusing to Grant Change in Circumstances (residence) (class Ag) Visas / Application Dismissed After Remittal From the High Court and Failure to File a Notice of Motion and Affidavit Seeking an Extension of Time
Outcome
Application dismissed.
Legal Topics
['judicial Review of Migration Review Tribunal Decision' 'extension of Time' 'non Compliance With Court Orders' 'transfer of Proceedings' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['judicial Review of Migration Review Tribunal Decision' 'extension of Time' 'non Compliance With Court Orders' 'transfer of Proceedings' 'costs']

Case Brief

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Procedural Posture

Judicial Review of a Migration Review Tribunal Decision Refusing to Grant Change in Circumstances (residence) (class Ag) Visas / Application Dismissed After Remittal From the High Court and Failure to File a Notice of Motion and Affidavit Seeking an Extension of Time

Legal Issues

  1. 1 ["Whether the applicants' request to transfer the matter to New South Wales should be acceded to." 'Whether the application should be dismissed because the applicants did not file a notice of motion and supporting affidavit as ordered.' "Whether there was any reasonably arguable challenge to the Tribunal's decision."]

Ratio Decidendi

The application was dismissed because the applicants had been put on notice that dismissal would follow if they failed to file a notice of motion and supporting affidavit, they did not file those documents, their request for transfer was not acceded to, and there appeared to be no reasonably arguable challenge to the Tribunal's decision.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' "The applicants pay the first respondent's costs in the sum of $2,500." 'There will be no order as to costs in relation to the second and third respondents.']