SZKRO v Minister for Immigration and Citizenship [2007] FCA 1796

SZKRO v Minister for Immigration and Citizenship [2007] FCA 1796

The Court has power under Order 35A rule 3 to dismiss an application for extension of time where the applicant failed to comply with directions and to attend the hearing, constituting default under Order 35A rule 2.

Parties
Applicant: SZKRO; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
16 November 2007
Procedural Posture
Application for Extension of Time to File Leave to Appeal / Dismissal of Application at Hearing for Non Attendance
Outcome
Application for extension of time dismissed for non-attendance and non-compliance with Court directions.
Legal Topics
Extension of Time, Non Attendance, Dismissal for Default, Federal Court Powers
Practice and Procedure Extension of Time Non Attendance Dismissal for Default Federal Court Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SZKRO

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to File Leave to Appeal / Dismissal of Application at Hearing for Non Attendance

Legal Issues

  1. 1 Whether the Court has power to dismiss an application for extension of time for non-attendance
  2. 2 Whether the Rules or Act empower the Court to dismiss such applications
  3. 3 Whether the Court may exercise implied jurisdiction to dismiss for non-attendance

Ratio Decidendi

The Court has power under Order 35A rule 3 to dismiss an application for extension of time where the applicant failed to comply with directions and to attend the hearing, constituting default under Order 35A rule 2.

Court Disposition

Application for extension of time dismissed for non-attendance and non-compliance with Court directions.

Orders

  • The applicant's application for extension of time within which to file an application for leave to appeal be dismissed.
  • The applicant pay the respondent's costs fixed in the sum of $1,500.