MZAHB v Minister for Immigration and Border Protection [2016] FCA 1443

The applicant's failure to appear, together with evidence of departure from Australia, indicates a failure to prosecute the application. The application should be dismissed for want of prosecution.

Jurisdiction: Australia
Judgment Date: 16 November 2016
Procedural Posture: Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome: Application dismissed for want of prosecution.
Legal Topics: ['protection Visa' 'extension of Time' 'dismissal for Want of Prosecution']

['migration Law' 'administrative Law'] ['protection Visa' 'extension of Time' 'dismissal for Want of Prosecution']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

1 ['Whether the application for extension of time to appeal should be dismissed for want of prosecution']

Ratio Decidendi

The applicant's failure to appear, together with evidence of departure from Australia, indicates a failure to prosecute the application. The application should be dismissed for want of prosecution.

Court Disposition

Application dismissed for want of prosecution.

Orders

['The application is dismissed.' "The applicant is to pay the first respondent's costs of and incidental to the application for an extension of time to be taxed if not agreed."]