NBDW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1526

NBDW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1526

The application was filed out of time and there was no basis to grant an extension of time or leave to appeal because the applicant provided no particulars showing arguable error, failed to comply with repeated court orders, gave no explanation for those failures, and the Federal Magistrate's summary dismissal for non-compliance was properly made. The applicant had also been given every opportunity to make his case before the Tribunal, so refusing the application caused no injustice.

Jurisdiction
Australia
Judgment Date
23 November 2004
Procedural Posture
Application for Leave to Appeal From Interlocutory Orders of the Federal Magistrates Court, With Application for Extension of Time / Federal Court Application Dismissed
Outcome
Application dismissed; applicant ordered to pay the respondent's costs fixed at $600.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'summary Dismissal for Non Compliance With Court Orders']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'judicial Review' 'leave to Appeal' 'extension of Time' 'summary Dismissal for Non Compliance With Court Orders']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Interlocutory Orders of the Federal Magistrates Court, With Application for Extension of Time / Federal Court Application Dismissed

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to apply for leave to appeal from interlocutory orders of the Federal Magistrates Court.' 'Whether leave to appeal should be granted where the applicant failed to comply with orders requiring an amended and particularised application alleging jurisdictional error.' "Whether the Federal Magistrate's summary dismissal under Rule 13.03 of the Federal Magistrates Court Rules was properly made."]

Ratio Decidendi

The application was filed out of time and there was no basis to grant an extension of time or leave to appeal because the applicant provided no particulars showing arguable error, failed to comply with repeated court orders, gave no explanation for those failures, and the Federal Magistrate's summary dismissal for non-compliance was properly made. The applicant had also been given every opportunity to make his case before the Tribunal, so refusing the application caused no injustice.

Court Disposition

Application dismissed; applicant ordered to pay the respondent's costs fixed at $600.

Orders

  • ['The application be dismissed.' "The applicant pay the respondent's costs in the amount of $600."]