NBCR v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1776

NBCR v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1776

The notice of motion was dismissed because the Court was not satisfied that the applicant had provided an adequate explanation for failing to attend on 6 May 2004 and, in any event, there was no utility in setting aside the dismissal orders because the material disclosed no possible basis for relief from the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
25 June 2004
Procedural Posture
Application Purporting to Be Under S 39 B of the Judiciary Act 1903 (cth) Concerning Refusal of a Protection Class XA Visa / Notice of Motion Seeking Rehearing After Proceeding Was Dismissed for Non Appearance
Outcome
Notice of motion dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'dismissal for Non Appearance' 'rehearing Application']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Review Tribunal' 'jurisdictional Error' 'dismissal for Non Appearance' 'rehearing Application']

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Procedural Posture

Application Purporting to Be Under S 39 B of the Judiciary Act 1903 (cth) Concerning Refusal of a Protection Class XA Visa / Notice of Motion Seeking Rehearing After Proceeding Was Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the applicant gave an adequate explanation for failing to attend the hearing on 6 May 2004.' "Whether there was any utility in setting aside the dismissal orders where the material disclosed no possible basis for relief in respect of the Tribunal's decision."]

Ratio Decidendi

The notice of motion was dismissed because the Court was not satisfied that the applicant had provided an adequate explanation for failing to attend on 6 May 2004 and, in any event, there was no utility in setting aside the dismissal orders because the material disclosed no possible basis for relief from the Tribunal's decision.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion filed on 9 June 2004 be dismissed.' "The applicant pay the respondent's costs."]