SZTNQ v Minister for Home Affairs [2019] FCA 652

SZTNQ v Minister for Home Affairs [2019] FCA 652

The applicant had been notified that the matter was before the Court but did not appear when called; the Court therefore dismissed the application for an extension of time with costs under r 35.33(1)(a) of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Application for Extension of Time in Which to File and Serve an Application for Leave to Appeal / Dismissed for Want of Appearance
Outcome
Application dismissed with costs for want of appearance.
Legal Topics
['protection Visa' 'second Protection Visa Application' 'invalid Application Under S 48 a of the Migration Act 1958 (cth)' 'non Appearance' 'extension of Time' 'leave to Appeal']
['migration' 'administrative Law'] ['protection Visa' 'second Protection Visa Application' 'invalid Application Under S 48 a of the Migration Act 1958 (cth)' 'non Appearance' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time in Which to File and Serve an Application for Leave to Appeal / Dismissed for Want of Appearance

Legal Issues

  1. 1 ['Whether the application for an extension of time in which to file and serve an application for leave to appeal should be dismissed because the applicant did not appear.' "Whether s 48A of the Migration Act 1958 (Cth) barred the applicant's second application for a protection visa."]

Ratio Decidendi

The applicant had been notified that the matter was before the Court but did not appear when called; the Court therefore dismissed the application for an extension of time with costs under r 35.33(1)(a) of the Federal Court Rules 2011 (Cth).

Court Disposition

Application dismissed with costs for want of appearance.

Orders

  • ['The application for an extension of time in which to file and serve an application for leave to appeal be dismissed with costs.' 'The Minister, through his solicitors, serve upon the applicant a copy of these orders and these reasons when settled.']