Mohammed v Minister for Immigration and Border Protection [2018] FCA 2036

Mohammed v Minister for Immigration and Border Protection [2018] FCA 2036

The application for extension of time was dismissed due to the applicant's failure to appear and prosecute, absence of a satisfactory explanation for delay, and absence of merit in the proposed grounds of appeal.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Application for Extension of Time to Appeal / Final Decision on Application for Extension of Time
Outcome
Application dismissed. Costs ordered against applicant.
Legal Topics
['extension of Time' 'appeal Procedure' 'jurisdictional Error' 'procedural Fairness']
['administrative Law' 'migration Law'] ['extension of Time' 'appeal Procedure' 'jurisdictional Error' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Final Decision on Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicant provided adequate explanation for delay in filing appeal' 'Whether the proposed Grounds of Appeal had any merit' 'Jurisdiction to dismiss for want of prosecution due to non-appearance']

Ratio Decidendi

The application for extension of time was dismissed due to the applicant's failure to appear and prosecute, absence of a satisfactory explanation for delay, and absence of merit in the proposed grounds of appeal.

Court Disposition

Application dismissed. Costs ordered against applicant.

Orders

  • ['The proceeding is dismissed.' 'The Applicant is to pay the costs of the First Respondent, either as agreed or assessed.']