MZAQN v Minister for Immigration and Border Protection [2016] FCA 1400

MZAQN v Minister for Immigration and Border Protection [2016] FCA 1400

The Court was satisfied that the applicant had been given notice of the hearing and, after the applicant failed to appear when called, dismissed the application for extension of time and leave to appeal with costs pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
16 November 2016
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing of Application; Dismissal for Non Appearance
Outcome
The application for extension of time and leave to appeal was dismissed with costs.
Legal Topics
['extension of Time and Leave to Appeal' 'non Appearance at Hearing' 'notice of Hearing' 'dismissal With Costs']
['administrative and Constitutional Law and Human Rights' 'immigration' 'civil Procedure'] ['extension of Time and Leave to Appeal' 'non Appearance at Hearing' 'notice of Hearing' 'dismissal With Costs']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing of Application; Dismissal for Non Appearance

Legal Issues

  1. 1 ['Whether the application for extension of time and leave to appeal should be dismissed where the applicant did not appear after being given notice of the hearing.']

Ratio Decidendi

The Court was satisfied that the applicant had been given notice of the hearing and, after the applicant failed to appear when called, dismissed the application for extension of time and leave to appeal with costs pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011 (Cth).

Court Disposition

The application for extension of time and leave to appeal was dismissed with costs.

Orders

  • ['The application for extension of time and leave to appeal is dismissed.' 'The applicant pay the costs of the first respondent as agreed or taxed.']