Kumar v Minister for Immigration & Border Protection [2014] FCA 1306

Kumar v Minister for Immigration & Border Protection [2014] FCA 1306

The applicant failed to attend the hearing, and the statutory requirements for dismissal under s 25(2B)(bb)(ii) were met. Accordingly, the court dismissed the application and ordered costs.

Parties
Applicant: MANOJ KUMAR; First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION; Second Respondent: MIGRATION REVIEW TRIBUNAL
Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing and Decision on Extension Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Appeals, Dismissal for Non Appearance
Migration Law Extension of Time Appeals Dismissal for Non Appearance

Case Brief

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Parties

MANOJ KUMAR

Applicant

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing and Decision on Extension Application

Legal Issues

  1. 1 Whether the proceedings should be dismissed for failure of the applicant to appear at the hearing

Ratio Decidendi

The applicant failed to attend the hearing, and the statutory requirements for dismissal under s 25(2B)(bb)(ii) were met. Accordingly, the court dismissed the application and ordered costs.

Court Disposition

Application dismissed

Orders

  • The application be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
  • The applicant pay the costs of the first respondent.