SZIEP v Minister for Immigration and Citizenship [2007] FCA 246

SZIEP v Minister for Immigration and Citizenship [2007] FCA 246

The applicant had due notice of the hearing at his nominated address, did not notify any alternative address, did not attend, and failed to carry out directions. Those matters placed him in default under O 35A r 2(1)(e) and O 35A r 2(1)(f), enlivening the Court's power under O 35A r 3(1) to dismiss the application for extension of time.

Jurisdiction
Australia
Judgment Date
22 February 2007
Procedural Posture
Application for Extension of Time to File and Serve a Notice of Appeal / On Appeal From the Federal Magistrates Court of Australia; Application Dismissed
Outcome
Application for extension of time to file and serve a notice of appeal dismissed; applicant ordered to pay the first respondent's costs fixed at $800.
Legal Topics
['extension of Time to Appeal' 'non Attendance by Applicant' 'failure to Comply With Directions' 'dismissal for Default']
['migration Law' 'civil Procedure'] ['extension of Time to Appeal' 'non Attendance by Applicant' 'failure to Comply With Directions' 'dismissal for Default']

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Procedural Posture

Application for Extension of Time to File and Serve a Notice of Appeal / On Appeal From the Federal Magistrates Court of Australia; Application Dismissed

Legal Issues

  1. 1 ['Whether the applicant should be treated as in default because he did not attend the hearing after due notice and failed to carry out directions.' 'Whether the application for extension of time should be dismissed under O 35A r 3(1) of the Federal Court Rules.']

Ratio Decidendi

The applicant had due notice of the hearing at his nominated address, did not notify any alternative address, did not attend, and failed to carry out directions. Those matters placed him in default under O 35A r 2(1)(e) and O 35A r 2(1)(f), enlivening the Court's power under O 35A r 3(1) to dismiss the application for extension of time.

Court Disposition

Application for extension of time to file and serve a notice of appeal dismissed; applicant ordered to pay the first respondent's costs fixed at $800.

Orders

  • ['The description of the first respondent be changed to Minister for Immigration and Citizenship.' 'The application for the extension of time to file and serve a notice of appeal be dismissed.' "The applicant pay the first respondent's costs of the application, fixed in the sum of $800."]