Singh v Minister for Immigration and Border Protection [2019] FCA 449

Singh v Minister for Immigration and Border Protection [2019] FCA 449

Leave to appeal was refused because the applicant did not identify any basis on which the primary judge's discretionary dismissal for non-appearance miscarried, the decision was not attended with sufficient doubt, and there was no material showing that substantial injustice would result if leave were refused.

Jurisdiction
Australia
Judgment Date
26 March 2019
Procedural Posture
Migration Application for Leave to Appeal From Federal Circuit Court Orders Dismissing an Application for Judicial Review / Application for Leave to Appeal
Outcome
The application for leave to appeal was dismissed.
Legal Topics
['leave to Appeal From Interlocutory Judgment' 'non Appearance at Hearing' 'natural Justice' 'dismissal Under R 13.03 C(1)(c) of the Federal Circuit Court Rules 2001 (cth)' 'discretionary Decision']
['migration' 'administrative Law' 'civil Procedure'] ['leave to Appeal From Interlocutory Judgment' 'non Appearance at Hearing' 'natural Justice' 'dismissal Under R 13.03 C(1)(c) of the Federal Circuit Court Rules 2001 (cth)' 'discretionary Decision']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal From Federal Circuit Court Orders Dismissing an Application for Judicial Review / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Federal Circuit Court's dismissal of the applicant's judicial review application for non-appearance." 'Whether the primary judge denied the applicant natural justice by refusing to postpone the hearing and dismissing the application.' "Whether the primary judge's discretionary decision miscarried in the sense identified in House v The King."]

Ratio Decidendi

Leave to appeal was refused because the applicant did not identify any basis on which the primary judge's discretionary dismissal for non-appearance miscarried, the decision was not attended with sufficient doubt, and there was no material showing that substantial injustice would result if leave were refused.

Court Disposition

The application for leave to appeal was dismissed.

Orders

  • ["The applicant's application for leave to appeal is dismissed." "The applicant pay the first respondent's costs of that application."]