Lin v Minister for Immigration and Border Protection [2017] FCA 926

Lin v Minister for Immigration and Border Protection [2017] FCA 926

The interlocutory application was dismissed for non-appearance under r 35.33 of the Federal Court Rules 2011 (Cth) after the applicant failed to attend the hearing despite notice and communication, and there being no sufficient grounds for adjournment provided.

Parties
Applicant: Yin Lin; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
10 August 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory Application Dismissed for Non Appearance
Outcome
Interlocutory application dismissed for non-appearance
Legal Topics
Extension of Time, Leave to Appeal, Dismissal for Non Appearance, Public Interest Criterion 4020, Visa Applications, Judicial Review
Migration Law Administrative Law Extension of Time Leave to Appeal Dismissal for Non Appearance Public Interest Criterion 4020 Visa Applications Judicial Review

Case Brief

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Parties

Yin Lin

Applicant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory Application Dismissed for Non Appearance

Legal Issues

  1. 1 Whether to grant extension of time and leave to appeal from the Federal Circuit Court's decision
  2. 2 Whether interlocutory application should be dismissed for non-appearance
  3. 3 Possible implications of the applicant's lack of complicity in submission of a bogus document

Ratio Decidendi

The interlocutory application was dismissed for non-appearance under r 35.33 of the Federal Court Rules 2011 (Cth) after the applicant failed to attend the hearing despite notice and communication, and there being no sufficient grounds for adjournment provided.

Court Disposition

Interlocutory application dismissed for non-appearance

Orders

  • The interlocutory application dated 21 March 2016 is dismissed under r 35.33 of the Federal Court Rules 2011 (Cth) for non-appearance by the applicant.
  • Subject to orders 3 and 4, the applicant pay the first respondent's costs of and incidental to the interlocutory application dated 21 March 2016.