MZZOV v Minister for Immigration and Border Protection [2016] FCA 599

MZZOV v Minister for Immigration and Border Protection [2016] FCA 599

The application for extension of time was dismissed because the applicant failed to appear after reasonable efforts to notify and facilitate his attendance; in any event, the appeal had no reasonable prospects of success.

Parties
Applicant: MZZOV; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
24 May 2016
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Determination by Single Judge
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Appeal Procedure, Failure to Appear, Dismissal of Application, Costs
Administrative Law Migration Law Extension of Time to Appeal Appeal Procedure Failure to Appear Dismissal of Application Costs

Case Brief

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Parties

MZZOV

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Hearing and Determination by Single Judge

Legal Issues

  1. 1 Whether the application for extension of time to appeal should be dismissed for failure to appear
  2. 2 Whether there are reasonable prospects of success for the appeal

Ratio Decidendi

The application for extension of time was dismissed because the applicant failed to appear after reasonable efforts to notify and facilitate his attendance; in any event, the appeal had no reasonable prospects of success.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time to file a notice of appeal is dismissed, pursuant to subs 25(2B)(ba) and (bb) of the Federal Court of Australia Act 1976 (Cth), and r 36.74 of the Federal Court Rules 2011 (Cth), upon the failure of the applicant to attend the hearing.
  • The applicant pay the first respondent's costs of and incidental to the application.