Singh v Minister for Immigration and Border Protection [2018] FCA 1903

Singh v Minister for Immigration and Border Protection [2018] FCA 1903

The application for leave to appeal was dismissed with costs because the applicant did not appear despite being adequately informed of the place, date and time of the hearing, had not filed written submissions despite a direction to do so, and the Court was satisfied that dismissal under r 35.33(1)(a)(i) should be ordered; the Court also considered tentatively that there was no error in the Federal Circuit Court's approach.

Jurisdiction
Australia
Judgment Date
26 November 2018
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From the Federal Circuit Court of Australia
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'judicial Review' 'partner (temporary) (class Uk) (subclass 820) Visa' 'dismissal for Non Appearance']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['leave to Appeal' 'judicial Review' 'partner (temporary) (class Uk) (subclass 820) Visa' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the application for leave to appeal from the judgment of the Federal Circuit Court should be dismissed under r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth).' "Whether there was any error in the approach taken by the Federal Circuit Court in dismissing the applicant's application to reinstate his judicial review proceeding."]

Ratio Decidendi

The application for leave to appeal was dismissed with costs because the applicant did not appear despite being adequately informed of the place, date and time of the hearing, had not filed written submissions despite a direction to do so, and the Court was satisfied that dismissal under r 35.33(1)(a)(i) should be ordered; the Court also considered tentatively that there was no error in the Federal Circuit Court's approach.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed with costs.']