Applicant M222 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 646

Applicant M222 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 646

Because the applicant was not present when the matter was called on for hearing, and in light of the first respondent's undertaking to file affidavit evidence of contacts with the applicant about the hearing date, the Court was disposed to dismiss and did dismiss the application pursuant to O 32 r 2(1)(c) of the Federal Court Rules, with costs.

Jurisdiction
Australia
Judgment Date
21 May 2004
Procedural Posture
Application for Extension of Time Within Which to Make an Application for an Order Nisi for the Issue of Writs of Certiorari and Prohibition in a Migration Protection Visa Matter / On Remittal From the High Court of Australia; Application and Notice of Motion for Dismissal Heard on 21 May 2004
Outcome
The application was dismissed with costs.
Legal Topics
['extension of Time' 'protection Visa' 'order Nisi' 'certiorari and Prohibition' 'dismissal for Non Attendance']
['migration' 'practice and Procedure' 'administrative Law'] ['extension of Time' 'protection Visa' 'order Nisi' 'certiorari and Prohibition' 'dismissal for Non Attendance']

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Procedural Posture

Application for Extension of Time Within Which to Make an Application for an Order Nisi for the Issue of Writs of Certiorari and Prohibition in a Migration Protection Visa Matter / On Remittal From the High Court of Australia; Application and Notice of Motion for Dismissal Heard on 21 May 2004

Legal Issues

  1. 1 ['Whether the application should be dismissed when the applicant failed to attend the hearing.' 'Whether the Court should exercise its power under O 32 r 2(1)(c) of the Federal Court Rules to dismiss the application for non-attendance.']

Ratio Decidendi

Because the applicant was not present when the matter was called on for hearing, and in light of the first respondent's undertaking to file affidavit evidence of contacts with the applicant about the hearing date, the Court was disposed to dismiss and did dismiss the application pursuant to O 32 r 2(1)(c) of the Federal Court Rules, with costs.

Court Disposition

The application was dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant is to pay the respondent's costs."]