NABE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 155

NABE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 155

The notice of appeal was treated as an application for an extension of time to seek leave to appeal, but the application was dismissed because the material disclosed no basis on which Allsop J could be said to have erred in dismissing the proceeding after service and repeated non-appearance, so any appeal could not succeed and no extension of time or leave to appeal should be granted.

Jurisdiction
Australia
Judgment Date
03 March 2003
Procedural Posture
Migration; Application Concerning Protection Visa Review Proceedings / Notice of Appeal Treated as an Application for an Extension of Time in Which to Seek Leave to Appeal From an Interlocutory Dismissal Order
Outcome
The notice of appeal was treated as an application for an extension of time in which to seek leave to appeal; the application was dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'non Appearance at Directions Hearings' 'summary Dismissal' 'leave to Appeal' 'extension of Time' 'setting Aside Orders Made in Absence of a Party']
['migration Law' 'practice and Procedure'] ['protection Visa' 'refugee Review Tribunal' 'non Appearance at Directions Hearings' 'summary Dismissal' 'leave to Appeal' 'extension of Time' 'setting Aside Orders Made in Absence of a Party']

Case Brief

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Procedural Posture

Migration; Application Concerning Protection Visa Review Proceedings / Notice of Appeal Treated as an Application for an Extension of Time in Which to Seek Leave to Appeal From an Interlocutory Dismissal Order

Legal Issues

  1. 1 ["Whether the notice of appeal from Allsop J's dismissal order required leave because the order was interlocutory under s 24(1)(a) of the Federal Court of Australia Act 1976 (Cth)." 'Whether the notice of appeal should be treated as an application for an extension of time in which to seek leave to appeal.' "Whether there was any basis for suggesting that Allsop J erred in dismissing the application under O 10 r 3 of the Federal Court Rules after the Applicant's non-appearance."]

Ratio Decidendi

The notice of appeal was treated as an application for an extension of time to seek leave to appeal, but the application was dismissed because the material disclosed no basis on which Allsop J could be said to have erred in dismissing the proceeding after service and repeated non-appearance, so any appeal could not succeed and no extension of time or leave to appeal should be granted.

Court Disposition

The notice of appeal was treated as an application for an extension of time in which to seek leave to appeal; the application was dismissed with costs.

Orders

  • ['The notice of appeal filed on 2 December 2002 be treated as an application for an extension of time in which to seek leave to appeal from the judgment of Allsop J given on 11 November 2002.' 'The application be dismissed.' "The Applicant pay the Respondent's costs."]