Chebat v Minister for Immigration and Citizenship [2007] FCA 1563

Chebat v Minister for Immigration and Citizenship [2007] FCA 1563

The applicant is provided an opportunity to file and serve full written submissions demonstrating errors in the Federal Magistrate's reasons; if no submissions or no reasonable prospect is shown, the motion to set aside dismissal will be refused.

Parties
Appellant: Tony Chebat; First Respondent: Minister for Immigration and Citizenship; Second Respondent: Migrant Review Tribunal
Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Appeal / Interlocutory Orders on Application to Set Aside Dismissal of Appeal
Outcome
Notice of motion adjourned with directions; appeal not reinstated or dismissed at this stage
Legal Topics
Appeal From Federal Magistrates Court, Dismissal for Non Appearance, Written Submissions Requirement
Immigration Law Administrative Law Appeal From Federal Magistrates Court Dismissal for Non Appearance Written Submissions Requirement

Case Brief

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Parties

Tony Chebat

Appellant

Minister for Immigration and Citizenship

First Respondent

Migrant Review Tribunal

Second Respondent

Procedural Posture

Appeal / Interlocutory Orders on Application to Set Aside Dismissal of Appeal

Legal Issues

  1. 1 Whether the appeal should be reinstated after dismissal for non-appearance
  2. 2 Whether the applicant has shown reasonable prospects of success on the appeal

Ratio Decidendi

The applicant is provided an opportunity to file and serve full written submissions demonstrating errors in the Federal Magistrate's reasons; if no submissions or no reasonable prospect is shown, the motion to set aside dismissal will be refused.

Court Disposition

Notice of motion adjourned with directions; appeal not reinstated or dismissed at this stage

Orders

  • The notice of motion filed by the applicant/appellant be adjourned to 3.15pm on 26 October 2007.
  • The applicant file and serve full written submissions on the appeal on or before 19 October 2007.