SZLQU v Minister for Immigration and Citizenship [2008] FCA 949

SZLQU v Minister for Immigration and Citizenship [2008] FCA 949

The applicant failed to appear at the hearing of the application for leave to appeal, which amounted to a failure to prosecute the proceeding with due diligence under Order 35A rule 2(1)(f) of the Federal Court Rules; the proper order in those circumstances was dismissal of the application.

Jurisdiction
Australia
Judgment Date
22 May 2008
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From a Judgment of the Federal Magistrates Court of Australia
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'leave to Appeal' 'failure to Prosecute With Due Diligence' 'dismissal for Default']
['immigration Law' 'administrative Law' 'civil Procedure'] ['protection Visa' 'refugee Review Tribunal' 'constitutional Writ Relief' 'leave to Appeal' 'failure to Prosecute With Due Diligence' 'dismissal for Default']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From a Judgment of the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to appeal from the Federal Magistrates Court judgment.' "Whether the applicant's failure to appear amounted to a failure to prosecute the proceeding with due diligence warranting dismissal."]

Ratio Decidendi

The applicant failed to appear at the hearing of the application for leave to appeal, which amounted to a failure to prosecute the proceeding with due diligence under Order 35A rule 2(1)(f) of the Federal Court Rules; the proper order in those circumstances was dismissal of the application.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal filed 10 March 2008 be dismissed.' "The applicant pay the respondent Minister's costs fixed in the sum of $830.00."]