Singh v Minister for Immigration and Border Protection [2016] FCA 1417

Singh v Minister for Immigration and Border Protection [2016] FCA 1417

The application for extension of time was dismissed because the applicant failed to appear despite notice, and because the draft grounds of appeal did not raise any intelligible or arguable case of error in the decisions below, nor did the applicant explain new grounds raised on appeal.

Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Application for Extension of Time to Appeal / Hearing and Determination of Extension Application
Outcome
Application for extension of time dismissed; costs ordered against applicant
Legal Topics
['extension of Time' 'failure to Appear' 'costs' 'dismissal for Want of Prosecution']
['migration Law' 'administrative Law'] ['extension of Time' 'failure to Appear' 'costs' 'dismissal for Want of Prosecution']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time to Appeal / Hearing and Determination of Extension Application

Legal Issues

  1. 1 ["Whether the applicant should be granted extension of time to appeal from the Federal Circuit Court's judgment" 'Whether the grounds of appeal raise any intelligible or arguable case of error' 'Whether the application should be dismissed for non-appearance']

Ratio Decidendi

The application for extension of time was dismissed because the applicant failed to appear despite notice, and because the draft grounds of appeal did not raise any intelligible or arguable case of error in the decisions below, nor did the applicant explain new grounds raised on appeal.

Court Disposition

Application for extension of time dismissed; costs ordered against applicant

Orders

  • ['The application for an extension of time within which to file an appeal is dismissed pursuant to r 35.33 of the Federal Court Rules 2011 (Cth).' "The Applicant pay the First Respondent's costs."]