Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 922

Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 922

The application for extension of time and leave to appeal was dismissed because the applicant failed to appear, was aware of the hearing, filed no substantive further material, and the Court was not satisfied there was any merit to the application or reasonable prospect of success; even if the applicant had appeared, extension or leave would likely have been refused.

Parties
Applicant: Jatinder Singh; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
09 August 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing of Application for Extension of Time and Leave to Appeal From Interlocutory Judgment
Outcome
Application for extension of time and leave to appeal dismissed
Legal Topics
Extension of Time for Appeal, Leave to Appeal Interlocutory Decision, Dismissal for Non Appearance
Migration Law Administrative Law Extension of Time for Appeal Leave to Appeal Interlocutory Decision Dismissal for Non Appearance

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Parties

Jatinder Singh

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing of Application for Extension of Time and Leave to Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether the application for extension of time and leave to appeal should be granted
  2. 2 Whether the absence of the applicant at hearing warrants dismissal

Ratio Decidendi

The application for extension of time and leave to appeal was dismissed because the applicant failed to appear, was aware of the hearing, filed no substantive further material, and the Court was not satisfied there was any merit to the application or reasonable prospect of success; even if the applicant had appeared, extension or leave would likely have been refused.

Court Disposition

Application for extension of time and leave to appeal dismissed

Orders

  • The name of the first respondent is changed to the Minister for Immigration, Citizenship and Multicultural Affairs and any need to file any further document in that regard is dispensed with.
  • The application for extension of time and leave to appeal filed on 29 April 2020 be dismissed.