SZJHB v Minister for Immigration and Citizenship [2008] FCA 408

SZJHB v Minister for Immigration and Citizenship [2008] FCA 408

The applicant failed to appear at the listed hearing despite written notice of the time and place of hearing, and the Court accepted the respondent Minister's request to dismiss the application under Order 35A rule 3(1)(a) without embarking upon a hearing on the merits.

Jurisdiction
Australia
Judgment Date
28 February 2008
Procedural Posture
Application for an Extension of Time to File and Serve a Notice of Appeal / Application Dismissed
Outcome
Application for an extension of time to file and serve a Notice of Appeal dismissed; applicant ordered to pay the respondent Minister's costs fixed at $1,300.00.
Legal Topics
['extension of Time to Appeal' 'failure to Appear' 'refugee Review Tribunal' 'federal Court Rules']
['migration Law' 'civil Procedure'] ['extension of Time to Appeal' 'failure to Appear' 'refugee Review Tribunal' 'federal Court Rules']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time within which to file and serve a Notice of Appeal from the judgment of Barnes FM of 22 October 2007.' 'Whether the application should be dismissed where the applicant failed to appear after notice of the hearing.']

Ratio Decidendi

The applicant failed to appear at the listed hearing despite written notice of the time and place of hearing, and the Court accepted the respondent Minister's request to dismiss the application under Order 35A rule 3(1)(a) without embarking upon a hearing on the merits.

Court Disposition

Application for an extension of time to file and serve a Notice of Appeal dismissed; applicant ordered to pay the respondent Minister's costs fixed at $1,300.00.

Orders

  • ['Grants leave to the respondent to file in Court an affidavit of Peter Daniel Snell sworn 28 February 2008.' 'Orders that the application for an extension of time to file and serve a Notice of Appeal be dismissed.' "Orders that the applicant pay the respondent Minister's costs fixed in the sum of $1,300.00."]