SZWAX v Minister for Immigration and Border Protection [2018] FCA 209

SZWAX v Minister for Immigration and Border Protection [2018] FCA 209

The application was dismissed because the applicant, while properly notified, failed to attend the hearing, make contact with the court, or explain his non-attendance; in the interests of justice, resources, and lack of apparent prospects for appeal, discretionary power under r 35.33(1) was exercised.

Parties
Applicant: SZWAX; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Migration Extension of Time Application / Hearing for Extension of Time to Appeal; Determination of Dismissal Application
Outcome
Application for extension of time dismissed for non-attendance.
Legal Topics
Extension of Time, Dismissal for Non Attendance, Judicial Review, Notice Requirements
Administrative Law Migration Law Extension of Time Dismissal for Non Attendance Judicial Review Notice Requirements

Case Brief

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Parties

SZWAX

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Migration Extension of Time Application / Hearing for Extension of Time to Appeal; Determination of Dismissal Application

Legal Issues

  1. 1 Should the application for an extension of time to appeal be dismissed for non-attendance?
  2. 2 Was the applicant properly notified of the hearing?
  3. 3 Is there any prejudice to the parties or administration of justice?

Ratio Decidendi

The application was dismissed because the applicant, while properly notified, failed to attend the hearing, make contact with the court, or explain his non-attendance; in the interests of justice, resources, and lack of apparent prospects for appeal, discretionary power under r 35.33(1) was exercised.

Court Disposition

Application for extension of time dismissed for non-attendance.

Orders

  • The application for the extension of time is dismissed.
  • The Applicant is to pay the costs of the First Respondent of and incidental to the application, to be taxed in the absence of agreement.