SZHXH v Minister for Immigration and Citizenship [2008] FCA 231

SZHXH v Minister for Immigration and Citizenship [2008] FCA 231

The application was dismissed because no explanation for the delay was provided, leave to appeal against interlocutory judgment was required but not sought, and the applicant failed to appear at the hearing.

Jurisdiction
Australia
Judgment Date
06 March 2008
Procedural Posture
Application for Extension of Time to Appeal / Order and Reasons for Dismissal
Outcome
Application dismissed
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'interlocutory Decisions' 'dismissal for Want of Prosecution']
['migration'] ['extension of Time to Appeal' 'leave to Appeal' 'interlocutory Decisions' 'dismissal for Want of Prosecution']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal / Order and Reasons for Dismissal

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted' 'Whether leave to appeal against interlocutory judgment is required and should be granted']

Ratio Decidendi

The application was dismissed because no explanation for the delay was provided, leave to appeal against interlocutory judgment was required but not sought, and the applicant failed to appear at the hearing.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).' 'The applicant may file any Notice of Motion seeking to set aside the dismissal order by 4pm on 30 April 2008.' "The applicant pay the respondent's costs of the proceedings." 'Registrar not to accept...