SZDMD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 126

SZDMD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 126

As there was no realistic prospect of success on appeal from the Federal Magistrate's dismissal by reason of the applicant's non-attendance, it would be futile to grant an extension of time; therefore, the application is dismissed with costs.

Jurisdiction
Australia
Judgment Date
07 February 2005
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / Dismissal of Application for Extension of Time
Outcome
application dismissed with costs
Legal Topics
['extension of Time' 'judicial Review' 'non Attendance' 'exercise of Discretion']
['immigration Law' 'administrative Law'] ['extension of Time' 'judicial Review' 'non Attendance' 'exercise of Discretion']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / Dismissal of Application for Extension of Time

Legal Issues

  1. 1 ["Whether Federal Magistrate Scarlett wrongly exercised discretion in dismissing proceedings due to applicant's non-attendance" 'Whether there is a realistic prospect of success for an appeal against dismissal for non-attendance']

Ratio Decidendi

As there was no realistic prospect of success on appeal from the Federal Magistrate's dismissal by reason of the applicant's non-attendance, it would be futile to grant an extension of time; therefore, the application is dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • ['The application for an extension of time to file and serve a notice of appeal be dismissed with costs.']