SZEDQ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 591

SZEDQ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 591

Because the Federal Magistrates Court judgment was given in the absence of the applicant and the Federal Magistrates Rules provide a procedure for that court to set aside such a judgment, the proper course was for the applicant to apply to the Federal Magistrates Court to set aside the judgment before leave to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 May 2005
Procedural Posture
Migration Application for Extension of Time for Leave to Appeal / Application in the Federal Court From Judgment of the Federal Magistrates Court
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'judgment Given in Absence of a Party' 'setting Aside Judgment']
['migration' 'civil Procedure'] ['extension of Time' 'leave to Appeal' 'judgment Given in Absence of a Party' 'setting Aside Judgment']

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Procedural Posture

Migration Application for Extension of Time for Leave to Appeal / Application in the Federal Court From Judgment of the Federal Magistrates Court

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time in which to file and serve a notice of appeal and leave to appeal from a Federal Magistrates Court judgment given in the applicant's absence." "Whether the appropriate course was to apply to the Federal Magistrates Court to set aside the judgment made in the applicant's absence."]

Ratio Decidendi

Because the Federal Magistrates Court judgment was given in the absence of the applicant and the Federal Magistrates Rules provide a procedure for that court to set aside such a judgment, the proper course was for the applicant to apply to the Federal Magistrates Court to set aside the judgment before leave to appeal to the Federal Court should be granted.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application for extension of time for leave to appeal is dismissed.' 'The applicant pay the costs of the respondent.']