Rhee v Minister for Immigration and Citizenship [2007] FCA 620

Rhee v Minister for Immigration and Citizenship [2007] FCA 620

The application for an extension of time was dismissed due to the applicant's non-appearance at the hearing despite proper notice being given of hearing time and date.

Parties
Applicant: Man Gwon Rhee; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
01 May 2007
Procedural Posture
Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time
Outcome
Application for extension of time dismissed; costs awarded to first respondent.
Legal Topics
Extension of Time, Appeal Procedure, Non Appearance
Immigration Law Administrative Law Extension of Time Appeal Procedure Non Appearance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Man Gwon Rhee

Applicant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to appeal should be granted in the absence of the applicant's appearance

Ratio Decidendi

The application for an extension of time was dismissed due to the applicant's non-appearance at the hearing despite proper notice being given of hearing time and date.

Court Disposition

Application for extension of time dismissed; costs awarded to first respondent.

Orders

  • The application for an extension of time be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
  • The applicant pay the first respondent's costs fixed in the sum of $1000.