Singh v Minister for Immigration and Border Protection (No 2) [2018] FCA 1827

Singh v Minister for Immigration and Border Protection (No 2) [2018] FCA 1827

The application to reinstate the appeal was dismissed because Mr Singh did not provide satisfactory evidence explaining why his medical condition prevented him from attending or participating in the 1 June 2018 hearing, the proposed appeal lacked reasonable prospects of success, and his repeated failures to attend...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Interlocutory Application to Reinstate an Appeal From a Decision of the Federal Circuit Court / Application for Reinstatement After Appeal Dismissed for Failure of the Appellant to Attend the Hearing
Outcome
The Appellant's interlocutory application filed 12 June 2018 to reinstate the proceedings was dismissed with costs.
Legal Topics
['reinstatement of Appeal' 'failure to Appear' 'medical Evidence for Non Attendance' 'judicial Review' 'allegation of Fraud' 'prospects of Success']
['administrative and Constitutional Law and Human Rights' 'migration Law' 'practice and Procedure'] ['reinstatement of Appeal' 'failure to Appear' 'medical Evidence for Non Attendance' 'judicial Review' 'allegation of Fraud' 'prospects of Success']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application to Reinstate an Appeal From a Decision of the Federal Circuit Court / Application for Reinstatement After Appeal Dismissed for Failure of the Appellant to Attend the Hearing

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion under s 25(2B)(bc) of the Federal Court of Australia Act 1976 (Cth) to set aside the order dismissing the appeal for non-appearance and reinstate the appeal.' 'Whether Mr Singh had a reasonable excuse for his absence from the appeal hearing before North J.' 'Whether the Minister would suffer prejudice if the appeal were reinstated.' "Whether Mr Singh's appeal had a reasonably arguable prospect of success." "Whether Mr Singh's repeated failures to attend Court hearings weighed against reinstatement."]

Ratio Decidendi

The application to reinstate the appeal was dismissed because Mr Singh did not provide satisfactory evidence explaining why his medical condition prevented him from attending or participating in the 1 June 2018 hearing, the proposed appeal lacked reasonable prospects of success, and his repeated failures to attend Court hearings and disregard for Court process weighed against exercising the discretion to reinstate the appeal, notwithstanding that prejudice to the Minister was not apparent.

Court Disposition

The Appellant's interlocutory application filed 12 June 2018 to reinstate the proceedings was dismissed with costs.

Orders

  • ["The Appellant's interlocutory application filed 12 June 2018 to reinstate the proceedings be dismissed with costs."]