Romero v Minister for Home Affairs [2018] FCA 1756

Romero v Minister for Home Affairs [2018] FCA 1756

The absence of the applicant at the hearing, with adequate notice having been given, justifies dismissal of the application for extension of time to appeal pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Parties
Applicant: Morris Romero; First Respondent: Minister for Home Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Final Determination of Extension of Time Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Absence of Party, Dismissal of Applications
Administrative Law Extension of Time Absence of Party Dismissal of Applications

Case Brief

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Parties

Morris Romero

Applicant

Minister for Home Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Hearing and Final Determination of Extension of Time Application

Legal Issues

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

Ratio Decidendi

The absence of the applicant at the hearing, with adequate notice having been given, justifies dismissal of the application for extension of time to appeal pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Court Disposition

Application dismissed

Orders

  • The application for an extension of time in which to appeal is dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).
  • The applicant must pay the first respondent's costs as agreed or taxed.