SZSRC v Minister for Immigration and Border Protection [2014] FCA 941

SZSRC v Minister for Immigration and Border Protection [2014] FCA 941

The application was dismissed because the applicant failed to appear at the hearing and to file written submissions as directed, amounting to default under the rules. Further, the application had no merit as the applicant did not substantiate grounds for appeal or provide any explanation for the late filing as required by the rules.

Parties
Applicant: SZSRC; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
26 August 2014
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Final Decision at First Instance
Outcome
Application dismissed with costs
Legal Topics
Extension of Time to Appeal, Jurisdictional Error, Dismissal for Default, Procedural Rules
Migration Law Extension of Time to Appeal Jurisdictional Error Dismissal for Default Procedural Rules

Case Brief

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Parties

SZSRC

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Hearing and Final Decision at First Instance

Legal Issues

  1. 1 Whether the applicant's non-appearance and failure to file submissions justified dismissal under rule 5.23
  2. 2 Whether the application for extension of time had any merit

Ratio Decidendi

The application was dismissed because the applicant failed to appear at the hearing and to file written submissions as directed, amounting to default under the rules. Further, the application had no merit as the applicant did not substantiate grounds for appeal or provide any explanation for the late filing as required by the rules.

Court Disposition

Application dismissed with costs

Orders

  • The application for extension of time to appeal is dismissed.
  • The applicant pay the respondent's costs.