SZUUX v Minister for Immigration and Border Protection [2018] FCA 1399

SZUUX v Minister for Immigration and Border Protection [2018] FCA 1399

Because the applicant failed to appear at the hearing, had not filed submissions or otherwise communicated with the Court despite notification, and the proposed appeal grounds appeared to lack merit, it was appropriate under r 35.33 of the Federal Court Rules 2011 (Cth) to dismiss the application for extension of time and leave to appeal.

Jurisdiction
Australia
Judgment Date
28 August 2018
Procedural Posture
Application for Extension of Time and Leave to Appeal From Federal Circuit Court of Australia Decision / Hearing of Application; Dismissed for Applicant's Non Appearance
Outcome
Application dismissed with costs payable by the applicant to the first respondent.
Legal Topics
['protection (class Xa) Visa' 'extension of Time and Leave to Appeal' 'non Appearance of Applicant' 'dismissal Under Federal Court Rules 2011 (cth) R 35.33' 'judicial Review']
['migration' 'administrative Law'] ['protection (class Xa) Visa' 'extension of Time and Leave to Appeal' 'non Appearance of Applicant' 'dismissal Under Federal Court Rules 2011 (cth) R 35.33' 'judicial Review']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From Federal Circuit Court of Australia Decision / Hearing of Application; Dismissed for Applicant's Non Appearance

Legal Issues

  1. 1 ['Whether the application for extension of time and leave to appeal should be dismissed because the applicant did not appear at the hearing.' 'Whether the proposed appeal grounds of wrong application of law and procedural unfairness had apparent merit.']

Ratio Decidendi

Because the applicant failed to appear at the hearing, had not filed submissions or otherwise communicated with the Court despite notification, and the proposed appeal grounds appeared to lack merit, it was appropriate under r 35.33 of the Federal Court Rules 2011 (Cth) to dismiss the application for extension of time and leave to appeal.

Court Disposition

Application dismissed with costs payable by the applicant to the first respondent.

Orders

  • ['The application for extension of time and leave to appeal be dismissed.' 'The applicant pay the costs of the first respondent, to be assessed if not agreed.']