Sahib v Minister for Immigration and Citizenship [2010] FCA 944

Sahib v Minister for Immigration and Citizenship [2010] FCA 944

Leave to appeal was refused because the Federal Magistrate was entitled to and did dismiss the application for non-appearance; any appeal would be futile as there was no error by the magistrate.

Parties
Applicant: Mohamed Sathakathulla Sinthamather Sahib; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
25 August 2010
Procedural Posture
Application for Leave to Appeal / Dismissal of Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Temporary Business Entry Visa, Visa Refusal, Default of Appearance, Federal Magistrates Court Procedure, Costs
Immigration Law Temporary Business Entry Visa Visa Refusal Default of Appearance Federal Magistrates Court Procedure Costs

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Parties

Mohamed Sathakathulla Sinthamather Sahib

Applicant

Minister for Immigration and Citizenship

First Respondent

Migration Review Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal from the dismissal in the Federal Magistrates Court should be granted
  2. 2 Whether the Federal Magistrates Court erred in dismissing the application for non-appearance

Ratio Decidendi

Leave to appeal was refused because the Federal Magistrate was entitled to and did dismiss the application for non-appearance; any appeal would be futile as there was no error by the magistrate.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal is dismissed.
  • If the applicant files and serves an application to set aside the order of the federal magistrate made on 1 June 2010 by 15 September 2010, then the costs of this application are to follow the event of the application to set aside the federal magistrate's orders.