SZUBG v Minister for Immigration and Border Protection [2014] FCA 1204

SZUBG v Minister for Immigration and Border Protection [2014] FCA 1204

The applicant failed to appear after being duly notified on three occasions. There was no sufficient reason for their absence, and the appropriate course was to dismiss the application pursuant to rule 35.33(1)(a)(i) of the Federal Court Rules 2011 and award costs to the Minister.

Jurisdiction
Australia
Judgment Date
03 November 2014
Procedural Posture
Application for Extension of Time and Leave to Appeal / Hearing and Judgment
Outcome
Application dismissed; costs awarded to the Minister.
Legal Topics
['extension of Time' 'leave to Appeal' 'dismissal for Non Appearance' 'costs']
['migration'] ['extension of Time' 'leave to Appeal' 'dismissal for Non Appearance' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Application for Extension of Time and Leave to Appeal / Hearing and Judgment

Legal Issues

  1. 1 ["Whether the application for extension of time and leave to appeal should be dismissed due to applicant's non-appearance"]

Ratio Decidendi

The applicant failed to appear after being duly notified on three occasions. There was no sufficient reason for their absence, and the appropriate course was to dismiss the application pursuant to rule 35.33(1)(a)(i) of the Federal Court Rules 2011 and award costs to the Minister.

Court Disposition

Application dismissed; costs awarded to the Minister.

Orders

  • ['The application for an extension of time and for leave to appeal be dismissed.' "The applicant pay the Minister's cost of the application."]