Aryal v Minister for Immigration and Border Protection [2019] FCA 1764

Aryal v Minister for Immigration and Border Protection [2019] FCA 1764

The applicant's absence at the scheduled hearing justified the dismissal under the rules. No error or denial of procedural fairness was established in the decision to dismiss or in refusing reinstatement, and the applicant failed to present an arguable ground for judicial review or appeal. Thus, there was no basis for extending time or granting leave to appeal.

Parties
Applicant: Sagar Aryal; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Student Visa Refusal, Procedural Fairness, Judicial Review, Discretionary Dismissal
Migration Law Administrative Law Extension of Time Leave to Appeal Student Visa Refusal Procedural Fairness Judicial Review Discretionary Dismissal

Case Brief

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Parties

Sagar Aryal

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether an extension of time and leave to appeal should be granted against dismissal orders from the Federal Circuit Court
  2. 2 Whether dismissal for failure to appear was erroneous or denied procedural fairness
  3. 3 Whether the applicant had reasonable prospects on appeal

Ratio Decidendi

The applicant's absence at the scheduled hearing justified the dismissal under the rules. No error or denial of procedural fairness was established in the decision to dismiss or in refusing reinstatement, and the applicant failed to present an arguable ground for judicial review or appeal. Thus, there was no basis for extending time or granting leave to appeal.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time and leave to appeal be dismissed.
  • The Applicant pay the First Respondent's costs.