SZOAK v Minister for Immigration and Citizenship [2010] FCA 489

SZOAK v Minister for Immigration and Citizenship [2010] FCA 489

The Court may dismiss an application for extension of time to appeal for non-appearance under s 25(2B)(bb)(ii) of the Act (as modified by s 25(2BA)) or O 35A rr 2(1)(f) and 3(1)(a) of the Rules; the applicant did not appear despite proper notice, so the application is dismissed and the applicant is to pay fixed costs.

Parties
Applicant: SZOAK; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
21 May 2010
Procedural Posture
Appeal / Application for Extension of Time to File an Appeal
Outcome
Application for extension of time dismissed; costs ordered against applicant.
Legal Topics
Extension of Time to Appeal, Dismissal for Non Appearance, Costs on Dismissal
Administrative Law Immigration Law Extension of Time to Appeal Dismissal for Non Appearance Costs on Dismissal

Case Brief

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Parties

SZOAK

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Appeal / Application for Extension of Time to File an Appeal

Legal Issues

  1. 1 Whether the application for extension of time to file and serve a notice of appeal should be dismissed for non-appearance
  2. 2 Whether the Court has power to dismiss for non-appearance in such application
  3. 3 Whether costs should be ordered

Ratio Decidendi

The Court may dismiss an application for extension of time to appeal for non-appearance under s 25(2B)(bb)(ii) of the Act (as modified by s 25(2BA)) or O 35A rr 2(1)(f) and 3(1)(a) of the Rules; the applicant did not appear despite proper notice, so the application is dismissed and the applicant is to pay fixed costs.

Court Disposition

Application for extension of time dismissed; costs ordered against applicant.

Orders

  • The application for extension of time within which to file and serve a notice of appeal is dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) or alternatively O 35A rr 2(1)(f) and 3(1)(a) of the Federal Court Rules.
  • The applicant pay the first respondent's costs fixed at $1,614.