SZWBU v Minister for Immigration and Border Protection [2015] FCA 801

SZWBU v Minister for Immigration and Border Protection [2015] FCA 801

Because the applicant did not appear despite having been notified of the hearing date, and a proper application for dismissal was made under the relevant rule, there was no principled basis to refuse the application for dismissal.

Jurisdiction
Australia
Judgment Date
04 August 2015
Procedural Posture
Application to Extend Time for Appeal / Application Dismissed at Hearing
Outcome
Application dismissed with costs
Legal Topics
['extension of Time for Appeal' 'absence of Applicant at Hearing' 'dismissal of Application Under Federal Court Rules']
['administrative Law' 'immigration Law'] ['extension of Time for Appeal' 'absence of Applicant at Hearing' 'dismissal of Application Under Federal Court Rules']

Case Brief

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Procedural Posture

Application to Extend Time for Appeal / Application Dismissed at Hearing

Legal Issues

  1. 1 ['Whether the application to extend time for appeal should be dismissed due to non-appearance of the applicant']

Ratio Decidendi

Because the applicant did not appear despite having been notified of the hearing date, and a proper application for dismissal was made under the relevant rule, there was no principled basis to refuse the application for dismissal.

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs."]