Singh v Minister for Home Affairs [2018] FCA 1726

Singh v Minister for Home Affairs [2018] FCA 1726

The applicant did not appear at the listed hearing despite being advised by letter of the hearing time and that dismissal and costs would be sought if he did not attend; attempts to contact him by telephone failed. The Court was satisfied it was appropriate to dismiss the application for leave to appeal under s 25(2B)(bb)(ii) and to order the applicant to pay the Minister's costs as agreed or taxed.

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Application for Leave to Appeal / Hearing of Application for Leave to Appeal; Application Dismissed for Failure of the Applicant to Attend
Outcome
Application for leave to appeal dismissed; applicant ordered to pay the first respondent's costs as agreed or taxed.
Legal Topics
['application for Leave to Appeal' 'dismissal for Non Attendance' 'costs']
['administrative and Constitutional Law and Human Rights'] ['application for Leave to Appeal' 'dismissal for Non Attendance' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Hearing of Application for Leave to Appeal; Application Dismissed for Failure of the Applicant to Attend

Legal Issues

  1. 1 ['Whether the application for leave to appeal should be dismissed because the applicant failed to attend the hearing.' "Whether the applicant should pay the first respondent's costs."]

Ratio Decidendi

The applicant did not appear at the listed hearing despite being advised by letter of the hearing time and that dismissal and costs would be sought if he did not attend; attempts to contact him by telephone failed. The Court was satisfied it was appropriate to dismiss the application for leave to appeal under s 25(2B)(bb)(ii) and to order the applicant to pay the Minister's costs as agreed or taxed.

Court Disposition

Application for leave to appeal dismissed; applicant ordered to pay the first respondent's costs as agreed or taxed.

Orders

  • ['The application for leave to appeal is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).' "The applicant must pay the first respondent's costs as agreed or taxed."]