Tan v Minister for Immigration and Border Protection [2018] FCA 135

Tan v Minister for Immigration and Border Protection [2018] FCA 135

The application was dismissed due to the applicant's non-appearance at the hearing and after evidence showed the applicant was aware of the hearing and had left Australia.

Parties
Applicant: SWEE TEIK TAN; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal for Non Appearance at Hearing
Outcome
Application dismissed for non-appearance.
Legal Topics
Dismissal for Non Appearance, Extension of Time, Leave to Appeal
Practice and Procedure Administrative Law Dismissal for Non Appearance Extension of Time Leave to Appeal

Case Brief

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Parties

SWEE TEIK TAN

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Dismissal for Non Appearance at Hearing

Legal Issues

  1. 1 Whether the application for extension of time and leave to appeal should be dismissed due to the applicant's non-appearance

Ratio Decidendi

The application was dismissed due to the applicant's non-appearance at the hearing and after evidence showed the applicant was aware of the hearing and had left Australia.

Court Disposition

Application dismissed for non-appearance.

Orders

  • The applicant's application for extension of time and leave to appeal dated 4 August 2017 is dismissed.
  • The applicant pay the first respondent's costs of that application.