Ahmed v Minister for Immigration and Border Protection (No 2) [2018] FCA 1112

Ahmed v Minister for Immigration and Border Protection (No 2) [2018] FCA 1112

Because the applicant had filed an affidavit explaining his non-appearance but had not filed the required written submissions despite being reminded and given further time, the Court extended the time to comply with Order 2(b) to 15 August 2018 and stated that the application would be dismissed unless submissions were filed within three weeks.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Application for Leave to Appeal / Determined on the Papers; Extension of Time to Comply With Earlier Order Requiring Written Submissions for Reinstatement
Outcome
Time to comply with Order 2(b) of the orders made 23 April 2018 was extended to 15 August 2018; the application will be dismissed unless submissions are filed by 4pm on 15 August 2018.
Legal Topics
['application for Leave to Appeal' 'dismissal for Non Appearance' 'reinstatement Application' 'extension of Time' 'failure to File Written Submissions']
['administrative and Constitutional Law and Human Rights' 'migration Law'] ['application for Leave to Appeal' 'dismissal for Non Appearance' 'reinstatement Application' 'extension of Time' 'failure to File Written Submissions']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determined on the Papers; Extension of Time to Comply With Earlier Order Requiring Written Submissions for Reinstatement

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to comply with Order 2(b) of the orders made 23 April 2018 by filing full written submissions in support of reinstatement of the application for leave to appeal.' 'Whether the application should be dismissed if submissions are not filed within the extended time.']

Ratio Decidendi

Because the applicant had filed an affidavit explaining his non-appearance but had not filed the required written submissions despite being reminded and given further time, the Court extended the time to comply with Order 2(b) to 15 August 2018 and stated that the application would be dismissed unless submissions were filed within three weeks.

Court Disposition

Time to comply with Order 2(b) of the orders made 23 April 2018 was extended to 15 August 2018; the application will be dismissed unless submissions are filed by 4pm on 15 August 2018.

Orders

  • ['Time to comply with Order 2(b) of the orders made 23 April 2018 be extended to 15 August 2018.']