Lum v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 324

Lum v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCA 324

The absence of any communication or appearance by the applicant, the lack of proper explanation for delay, failure to particularise grounds, and lack of real prospect of success justified dismissal of the application for extension of time under Federal Court Rules 2011 (Cth) r 5.23(1)(b).

Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Application for Extension of Time for Judicial Review / Judgment on Application for Extension of Time / Dismissal for Want of Prosecution
Outcome
Application dismissed.
Legal Topics
['extension of Time' 'visa Cancellation on Character Grounds' 'procedural Fairness' 'jurisdiction of the Federal Court' 'judicial Review']
['migration Law' 'administrative Law'] ['extension of Time' 'visa Cancellation on Character Grounds' 'procedural Fairness' 'jurisdiction of the Federal Court' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time for Judicial Review / Judgment on Application for Extension of Time / Dismissal for Want of Prosecution

Legal Issues

  1. 1 ['Whether the application for extension of time to seek judicial review should be granted' 'Whether failure to prosecute warrants dismissal under the Federal Court Rules 2011 (Cth) r 5.23(1)(b)']

Ratio Decidendi

The absence of any communication or appearance by the applicant, the lack of proper explanation for delay, failure to particularise grounds, and lack of real prospect of success justified dismissal of the application for extension of time under Federal Court Rules 2011 (Cth) r 5.23(1)(b).

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.' "The applicant pay the first respondent's costs of and incidental to the application fixed at $3,500."]