Singh v Minister for Border Protection [2017] FCA 138

Singh v Minister for Border Protection [2017] FCA 138

Because the applicant did not appear and the medical material was inadequate to justify any adjournment, the respondent's application to dismiss the extension of time and leave to appeal application should be granted under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing in the Federal Court of Australia From a Federal Circuit Court Decision
Outcome
Application for an extension of time and leave to appeal dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'adjournment' 'non Appearance' 'costs']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['extension of Time' 'leave to Appeal' 'adjournment' 'non Appearance' 'costs']

Source-derived case record

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing in the Federal Court of Australia From a Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether any application to adjourn the hearing should be granted on the basis of the medical material sent by the applicant.' 'Whether the application for an extension of time and leave to appeal should be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011.']

Ratio Decidendi

Because the applicant did not appear and the medical material was inadequate to justify any adjournment, the respondent's application to dismiss the extension of time and leave to appeal application should be granted under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011.

Court Disposition

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

Orders

  • ['Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011, the application for an extension of tie and leave to appeal from the decision of the Federal Circuit Court on 9 September 2016 is dismissed.' "The applicant pay the first respondent's costs as...