SZULX v Minister for Immigration and Border Protection [2015] FCA 928

SZULX v Minister for Immigration and Border Protection [2015] FCA 928

The applicant failed to appear despite recent notice of the hearing, had not filed written submissions, and, after reviewing the Tribunal's reasons, the primary judge's reasons, the applicant's affidavit and draft grounds of appeal, the Court found the application had no reasonable prospects of success. The application for extension of time and leave to appeal was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal From a Federal Circuit Court Decision Dismissing a Migration Judicial Review Application / Hearing and Determination of Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed; applicant ordered to pay the first respondent's costs; second respondent's name amended to Administrative Appeals Tribunal.
Legal Topics
['extension of Time' 'leave to Appeal' 'interlocutory Orders' 'non Appearance at Hearing' 'judicial Review of Refugee Review Tribunal Decision']
['migration Law' 'administrative Law' 'federal Civil Procedure'] ['extension of Time' 'leave to Appeal' 'interlocutory Orders' 'non Appearance at Hearing' 'judicial Review of Refugee Review Tribunal Decision']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From a Federal Circuit Court Decision Dismissing a Migration Judicial Review Application / Hearing and Determination of Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicant's application for an extension of time and leave to appeal should be dismissed when the applicant failed to appear at the hearing." 'Whether the proposed appeal had reasonable prospects of success.']

Ratio Decidendi

The applicant failed to appear despite recent notice of the hearing, had not filed written submissions, and, after reviewing the Tribunal's reasons, the primary judge's reasons, the applicant's affidavit and draft grounds of appeal, the Court found the application had no reasonable prospects of success. The application for extension of time and leave to appeal was therefore dismissed with costs.

Court Disposition

Application for extension of time and leave to appeal dismissed; applicant ordered to pay the first respondent's costs; second respondent's name amended to Administrative Appeals Tribunal.

Orders

  • ['The application for extension of time and leave to appeal filed on 17 April 2015 be dismissed.' "The applicant pay the first respondent's costs of the said application." 'The name of the second respondent be amended to Administrative Appeals Tribunal.']