SZIWE v Minister for Immigration and Citizenship [2008] FCA 287

The Applicant had notice of the 5 March 2008 hearing, did not appear, and had not prosecuted the application with due diligence; dismissal under O 35A r 2(1)(f) was therefore apt.

Jurisdiction: Australia
Judgment Date: 05 March 2008
Procedural Posture: Application Under O 52, R 15 for an Extension of Time Within Which to Appeal / Hearing of Application; Applicant Did Not Appear; Application Dismissed
Outcome: Application for extension of time dismissed with costs payable by the Applicant to the First Respondent.
Legal Topics: ['extension of Time to Appeal' 'dismissal for Failure to Prosecute With Due Diligence' 'non Appearance at Hearing']

['immigration' 'civil Procedure'] ['extension of Time to Appeal' 'dismissal for Failure to Prosecute With Due Diligence' 'non Appearance at Hearing']

Case Brief

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Procedural Posture

Application Under O 52, R 15 for an Extension of Time Within Which to Appeal / Hearing of Application; Applicant Did Not Appear; Application Dismissed

Legal Issues

1 ['Whether the Applicant had notice of the 5 March 2008 hearing.' 'Whether the application should be dismissed under O 35A r 2(1)(f) because the Applicant did not prosecute it with due diligence.']

Ratio Decidendi

The Applicant had notice of the 5 March 2008 hearing, did not appear, and had not prosecuted the application with due diligence; dismissal under O 35A r 2(1)(f) was therefore apt.

Court Disposition

Application for extension of time dismissed with costs payable by the Applicant to the First Respondent.

Orders

['The application for extension of time is dismissed.' "The Applicant pay the First Respondent's costs of, and incidental, to this application to be taxed, if not agreed."]