SZQTH v Minister for Immigration and Citizenship [2012] FCA 1248

Because the applicant filed no submissions and did not appear when the matter was called for hearing, the Court acceded to the Minister's motion and dismissed the application with costs.

Jurisdiction: Australia
Judgment Date: 08 November 2012
Procedural Posture: Application for an Extension of Time Within Which to File an Application for Leave to Appeal Against a Judgment of the Federal Magistrates Court of Australia / Hearing of Application
Outcome: Application dismissed with costs fixed in the sum of $1770.00.
Legal Topics: ['extension of Time to File Application for Leave to Appeal' 'dismissal for Non Appearance' 'costs']

['immigration' 'administrative Law' 'civil Procedure'] ['extension of Time to File Application for Leave to Appeal' 'dismissal for Non Appearance' 'costs']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for an Extension of Time Within Which to File an Application for Leave to Appeal Against a Judgment of the Federal Magistrates Court of Australia / Hearing of Application

Legal Issues

1 ['Whether the application for an extension of time should be dismissed when the applicant filed no submissions and did not appear at the hearing.' 'Whether costs should be fixed as a lump sum.']

Ratio Decidendi

Because the applicant filed no submissions and did not appear when the matter was called for hearing, the Court acceded to the Minister's motion and dismissed the application with costs.

Court Disposition

Application dismissed with costs fixed in the sum of $1770.00.

Orders

['The application be dismissed with costs fixed in the sum of $1770.00.']