SZOAT v Minister for Immigration & Citizenship [2010] FCA 846

SZOAT v Minister for Immigration & Citizenship [2010] FCA 846

The application was dismissed because the applicant failed to appear and thus failed to prosecute the proceeding with due diligence.

Parties
Applicant: SZOAT; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
04 August 2010
Procedural Posture
Application for Extension of Time to File and Serve Notice of Appeal / Decision on Extension of Time Application
Outcome
Application for extension of time dismissed.
Legal Topics
Extension of Time, Appeal Procedure, Costs
Administrative Law Immigration Law Extension of Time Appeal Procedure Costs

Case Brief

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Parties

SZOAT

Applicant

Minister for Immigration and Citizenship

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to File and Serve Notice of Appeal / Decision on Extension of Time Application

Legal Issues

  1. 1 Whether the application for extension of time to file and serve a notice of appeal should be granted in circumstances where the applicant failed to appear.

Ratio Decidendi

The application was dismissed because the applicant failed to appear and thus failed to prosecute the proceeding with due diligence.

Court Disposition

Application for extension of time dismissed.

Orders

  • The application for extension of time in which to file and serve a notice of appeal is dismissed.
  • The applicant pay the first respondent's costs of the application.