Lachmi v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 697

The application was dismissed because the applicants failed to file and serve the required notice of motion and supporting affidavit, and no reasonable explanation for this failure was provided.

Parties: Applicant: Shobna Lachmi & Ors; First Respondent: Minister for Immigration and Multicultural and Indigenous Affairs; Second Respondent: Member, Migration Review Tribunal; Third Respondent: Principal Member of the Migration Review Tribunal
Jurisdiction: Australia
Judgment Date: 08 July 2003
Procedural Posture: Judicial Review / Dismissal of Application
Outcome: Application dismissed
Legal Topics: Judicial Review, Extension of Time, Costs

Administrative Law Migration Law Judicial Review Extension of Time Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1 Amounts and remedies 1

Parties

Shobna Lachmi & Ors

Applicant

Minister for Immigration and Multicultural and Indigenous Affairs

First Respondent

Member, Migration Review Tribunal

Second Respondent

Principal Member of the Migration Review Tribunal

Third Respondent

Procedural Posture

Judicial Review / Dismissal of Application

Legal Issues

1 Whether the applicants filed and served required notice of motion and supporting affidavit for extension of time
2 Whether there was reasonable explanation for non-compliance with court directions

Ratio Decidendi

The application was dismissed because the applicants failed to file and serve the required notice of motion and supporting affidavit, and no reasonable explanation for this failure was provided.

Court Disposition

Application dismissed

Orders

The application be dismissed.
The applicants pay the first respondent's costs in the sum of $2,500.