S1101 of 2003 v Refugee Review Tribunal [2004] FCA 496

S1101 of 2003 v Refugee Review Tribunal [2004] FCA 496

In the absence of any appearance or submissions by the applicant explaining why an extension should be granted after non-compliance with the Court's directions, it was not appropriate to grant an extension, and the application should be dismissed with costs pursuant to O 10 r 7.

Jurisdiction
Australia
Judgment Date
03 February 2004
Procedural Posture
Application for Prerogative Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Hearing at Which the Applicant Did Not Appear and the Minister Sought Dismissal for Non Compliance With Directions
Outcome
Application dismissed with costs.
Legal Topics
['protection Visa Refusal' 'refugee Review Tribunal Review' 'procedural Fairness' 'dismissal for Non Compliance With Court Orders' 'extension of Time']
['migration Law' 'administrative Law' 'civil Procedure'] ['protection Visa Refusal' 'refugee Review Tribunal Review' 'procedural Fairness' 'dismissal for Non Compliance With Court Orders' 'extension of Time']

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Procedural Posture

Application for Prerogative Writ Relief in Respect of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / On Remittal From the High Court of Australia; Hearing at Which the Applicant Did Not Appear and the Minister Sought Dismissal for Non Compliance With Directions

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to comply with orders requiring a statement of contentions and affidavits.' 'Whether the application should be dismissed pursuant to O 10 r 7 where the applicant did not comply with directions and did not appear.']

Ratio Decidendi

In the absence of any appearance or submissions by the applicant explaining why an extension should be granted after non-compliance with the Court's directions, it was not appropriate to grant an extension, and the application should be dismissed with costs pursuant to O 10 r 7.

Court Disposition

Application dismissed with costs.

Orders

  • ['the application be dismissed;' "the applicant pay the second respondent's costs."]