Singh v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs (No 2) [2021] FCA 850

Singh v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs (No 2) [2021] FCA 850

The application for an extension of time to apply for leave to appeal was dismissed because, after an adjournment application had been refused and the matter was listed for hearing, the appellant failed to appear at the morning listing and again failed to appear after the Court set aside the initial dismissal orders and relisted the matter for the afternoon.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal / Federal Court Hearing of Application for Extension of Time And, If Granted, Application for Leave to Appeal From a Federal Circuit Court Decision
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'competency of Appeal' 'failure to Appear' 'student Visa']
['practice and Procedure' 'administrative Law' 'immigration Law'] ['extension of Time' 'leave to Appeal' 'competency of Appeal' 'failure to Appear' 'student Visa']

Case Brief

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Procedural Posture

Application for Extension of Time to Apply for Leave to Appeal / Federal Court Hearing of Application for Extension of Time And, If Granted, Application for Leave to Appeal From a Federal Circuit Court Decision

Legal Issues

  1. 1 ['Whether the appellant should be granted an extension of time to apply for leave to appeal against the Federal Circuit Court decision.' 'Whether leave to appeal was required because the Federal Circuit Court order was interlocutory.' 'Whether the application should be dismissed after the appellant failed to appear at two listings.']

Ratio Decidendi

The application for an extension of time to apply for leave to appeal was dismissed because, after an adjournment application had been refused and the matter was listed for hearing, the appellant failed to appear at the morning listing and again failed to appear after the Court set aside the initial dismissal orders and relisted the matter for the afternoon.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for an extension of time to apply for leave to appeal be dismissed.' "The appellant is to pay the first respondent's costs of and incidental to the application, including the costs of both listings on 23 July 2021."]