Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 412

Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 412

The primary judge's judgment was properly characterised as interlocutory in light of Federal Court authority treating judgments on reinstatement applications as interlocutory, so the earlier orders made on the misapprehension that the judgment was final should be set aside under r 39.04. Mr Singh had adequate notice of the 19 April 2022 hearing but did not attend, and his proposed grounds of appeal were hopeless because the primary judge had accepted his explanation for missing the directions hearing but dismissed the application due to the lack of prospects in the judicial review. The application for extension of time and leave to appeal was therefore dismissed for non-appearance under s...

Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court of Australia / Federal Court Hearing; Applicant Failed to Appear; Application Dismissed
Outcome
Application for extension of time and leave to appeal dismissed; prior orders made on 19 April 2022 set aside; applicant ordered to pay the first respondent's costs.
Legal Topics
['student Visa Refusal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'non Appearance at Hearing' 'dismissal for Non Appearance']
['migration' 'administrative Law' 'federal Court Procedure'] ['student Visa Refusal' 'judicial Review' 'extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'non Appearance at Hearing' 'dismissal for Non Appearance']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From an Interlocutory Judgment of the Federal Circuit Court of Australia / Federal Court Hearing; Applicant Failed to Appear; Application Dismissed

Legal Issues

  1. 1 ["Whether the Federal Circuit Court judgment refusing to set aside the Registrar's dismissal order was interlocutory or final." 'Whether prior Federal Court orders made on 19 April 2022 should be set aside under r 39.04 of the Federal Court Rules 2011 (Cth).' "Whether the application for extension of time and leave to appeal should be dismissed for the applicant's failure to attend the Federal Court hearing." 'Whether the proposed grounds of appeal had sufficient merit to support an extension of time or leave to appeal.']

Ratio Decidendi

The primary judge's judgment was properly characterised as interlocutory in light of Federal Court authority treating judgments on reinstatement applications as interlocutory, so the earlier orders made on the misapprehension that the judgment was final should be set aside under r 39.04. Mr Singh had adequate notice of the 19 April 2022 hearing but did not attend, and his proposed grounds of appeal were hopeless because the primary judge had accepted his explanation for missing the directions hearing but dismissed the application due to the lack of prospects in the judicial review. The application for extension of time and leave to appeal was therefore dismissed for non-appearance under s...

Court Disposition

Application for extension of time and leave to appeal dismissed; prior orders made on 19 April 2022 set aside; applicant ordered to pay the first respondent's costs.

Orders

  • ['The orders made in this proceeding on 19 April 2022 that: (i) The appeal be dismissed under r 36.75(1)(a) of the Federal Court Rules 2011 (Cth); (ii) The "draft notice of appeal from the Federal Circuit Court of Australia" stamped 23 August 2019 be treated as the notice of appeal and be taken to have been filed on...