Rizvi v Minister for Immigration and Border Protection [2018] FCA 833

Rizvi v Minister for Immigration and Border Protection [2018] FCA 833

The applicant failed to appear in the Federal Court, filed no written submissions and no draft notice of appeal, and his proposed grounds did not identify the relevant information allegedly ignored or the irrelevant information allegedly considered by the primary judge. Because no error was discernible in the Federal Circuit Court's dismissal of the reinstatement application for non-appearance, the proposed appeal had no demonstrated prospects of success and the extension of time to seek leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
16 May 2018
Procedural Posture
Migration Application for Extension of Time and Leave to Appeal / Federal Court Application for Extension of Time to Seek Leave to Appeal From an Interlocutory Federal Circuit Court Order Dismissing a Reinstatement Application
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Seek Leave to Appeal' 'leave to Appeal From Interlocutory Order' 'dismissal for Non Appearance' 'visa Cancellation' 'judicial Review']
['migration' 'administrative Law' 'civil Procedure'] ['extension of Time to Seek Leave to Appeal' 'leave to Appeal From Interlocutory Order' 'dismissal for Non Appearance' 'visa Cancellation' 'judicial Review']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Leave to Appeal / Federal Court Application for Extension of Time to Seek Leave to Appeal From an Interlocutory Federal Circuit Court Order Dismissing a Reinstatement Application

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to seek leave to appeal against the Federal Circuit Court orders of 1 November 2017.' "Whether the proposed appeal had prospects of success by demonstrating error in the primary judge's dismissal of the reinstatement application for non-appearance."]

Ratio Decidendi

The applicant failed to appear in the Federal Court, filed no written submissions and no draft notice of appeal, and his proposed grounds did not identify the relevant information allegedly ignored or the irrelevant information allegedly considered by the primary judge. Because no error was discernible in the Federal Circuit Court's dismissal of the reinstatement application for non-appearance, the proposed appeal had no demonstrated prospects of success and the extension of time to seek leave to appeal was refused.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant is to pay the first respondent's costs of the application."]