Singh v Minister for Immigration and Border Protection [2016] FCA 981

Singh v Minister for Immigration and Border Protection [2016] FCA 981

The proposed appeal lacked merit because the Federal Circuit Court had notified the applicant of the hearing date, had contacted him to alert him to the date given his previous non-appearance, and it was open to the primary judge to dismiss the application in a case for want of appearance when the applicant did not appear. The applications for extension of time and leave to appeal were therefore dismissed.

Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Application for an Extension of Time and Leave to Appeal / Federal Court of Australia Hearing of Application for Extension of Time and Leave to Appeal From an Interlocutory Federal Circuit Court Decision
Outcome
The application for an extension of time and leave to appeal was dismissed, with costs to the first respondent.
Legal Topics
['skilled (provisional) (class Vc) Visa' 'judicial Review of Migration Decision' 'reinstatement of Proceeding Dismissed for Want of Appearance' 'extension of Time' 'leave to Appeal' 'want of Appearance']
['migration Law' 'administrative Law' 'appellate Procedure'] ['skilled (provisional) (class Vc) Visa' 'judicial Review of Migration Decision' 'reinstatement of Proceeding Dismissed for Want of Appearance' 'extension of Time' 'leave to Appeal' 'want of Appearance']

Case Brief

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Procedural Posture

Application for an Extension of Time and Leave to Appeal / Federal Court of Australia Hearing of Application for Extension of Time and Leave to Appeal From an Interlocutory Federal Circuit Court Decision

Legal Issues

  1. 1 ["Whether time should be extended to seek leave to appeal from the Federal Circuit Court's interlocutory dismissal of the applicant's reinstatement application." 'Whether leave to appeal should be granted where the applicant did not appear at the hearing of his application in the Federal Circuit Court after being notified of the hearing date.' 'Whether the proposed appeal had sufficient merit to justify an extension of time and leave to appeal.']

Ratio Decidendi

The proposed appeal lacked merit because the Federal Circuit Court had notified the applicant of the hearing date, had contacted him to alert him to the date given his previous non-appearance, and it was open to the primary judge to dismiss the application in a case for want of appearance when the applicant did not appear. The applications for extension of time and leave to appeal were therefore dismissed.

Court Disposition

The application for an extension of time and leave to appeal was dismissed, with costs to the first respondent.

Orders

  • ['The application for an extension of time and leave to appeal be dismissed.' "The applicant pay the first respondent's costs of the application." 'The name of the second respondent be changed to Administrative Appeals Tribunal.']