Kumar v Minister for Immigration and Border Protection [2019] FCA 157

Kumar v Minister for Immigration and Border Protection [2019] FCA 157

The application for extension of time was dismissed because none of the proposed grounds of appeal demonstrated appellable error or merit; the Tribunal acted properly and proactively, and the applicant did not seek reinstatement after failing to attend the hearing.

Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Migration Appeal (extension of Time) / Application for Extension of Time to Appeal, Dismissed
Outcome
Application dismissed
Legal Topics
['extension of Time' 'procedural Fairness' 'judicial Review' 'tribunal Procedure']
['administrative Law' 'migration Law'] ['extension of Time' 'procedural Fairness' 'judicial Review' 'tribunal Procedure']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Migration Appeal (extension of Time) / Application for Extension of Time to Appeal, Dismissed

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal' 'Whether the grounds of appeal have merit' 'Whether the Tribunal committed jurisdictional error by dismissing review for non-attendance']

Ratio Decidendi

The application for extension of time was dismissed because none of the proposed grounds of appeal demonstrated appellable error or merit; the Tribunal acted properly and proactively, and the applicant did not seek reinstatement after failing to attend the hearing.

Court Disposition

Application dismissed

Orders

  • ['The application for extension of time be dismissed.' "The applicant pay the first respondent's costs to be agreed or assessed."]