SZTNW v Minister for Immigration and Border Protection [2015] FCA 619
The application for extension of time and leave to appeal was dismissed because the applicant did not appear at the hearing; in accordance with r 35.33, it is appropriate to dismiss the application and order the applicant to pay the Minister's costs.
- Parties
- Applicant: SZTNW; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 09 February 2015
- Procedural Posture
- Application for Extension of Time and Leave to Appeal / Dismissal at Hearing Due to Non Appearance
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Leave to Appeal, Federal Court Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
SZTNW
Applicant
Minister for Immigration and Border Protection
First Respondent
Refugee Review Tribunal
Second Respondent
Procedural Posture
Application for Extension of Time and Leave to Appeal / Dismissal at Hearing Due to Non Appearance
Legal Issues
- 1 Whether the application for extension of time and leave to appeal should be granted
- 2 Consequences of applicant failing to appear
Ratio Decidendi
The application for extension of time and leave to appeal was dismissed because the applicant did not appear at the hearing; in accordance with r 35.33, it is appropriate to dismiss the application and order the applicant to pay the Minister's costs.
Court Disposition
Application dismissed
Orders
- The application for extension of time and leave to appeal be dismissed under r 35.33 of the Federal Court Rules 2011 (Cth).
- The applicant pay the first respondent's costs.
Full Case Text
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