Perese v Minister for Immigration and Border Protection [2018] FCA 1049

Perese v Minister for Immigration and Border Protection [2018] FCA 1049

Persistent non-compliance with court orders and failure to attend to preparation and hearings amount to want of prosecution, justifying dismissal under s 20(5)(c) and (d) of Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Application for Extension of Time to Review Tribunal Decision / Dismissal for Want of Prosecution
Outcome
Application dismissed
Legal Topics
['practice and Procedure' 'dismissal for Want of Prosecution' 'extension of Time' 'compliance With Court Orders' 'immigration Detention']
['administrative and Constitutional Law and Human Rights'] ['practice and Procedure' 'dismissal for Want of Prosecution' 'extension of Time' 'compliance With Court Orders' 'immigration Detention']

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Procedural Posture

Application for Extension of Time to Review Tribunal Decision / Dismissal for Want of Prosecution

Legal Issues

  1. 1 ["Whether the matter should be dismissed for want of prosecution due to applicant's failure to comply with Court orders and attend hearings." 'Whether an order for costs is appropriate.']

Ratio Decidendi

Persistent non-compliance with court orders and failure to attend to preparation and hearings amount to want of prosecution, justifying dismissal under s 20(5)(c) and (d) of Federal Court of Australia Act 1976 (Cth).

Court Disposition

Application dismissed

Orders

  • ['Application for extension of time is dismissed pursuant to ss 20(5)(c) and (d) of the Federal Court of Australia Act 1976 (Cth).' "Applicant to pay Minister's costs as agreed or taxed."]