Federal Court of Australia
Federal Court of Australia
Falaniko v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 111 Review of: Application for an extension of time to seek judicial review of: Falaniko and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 1781
File number(s): NSD 1051 of 2022
Judgment of: PERRY J
Date of judgment: 14 February 2024
Date of publication of reasons: 21 February 2024
Catchwords: PRACTICE AND PROCEDURE – application to dismiss proceedings under rule 5.23 of the Federal Court Rules 2011 (Cth) for failure to prosecute and attend a hearing –where applicant has taken no active steps to prosecute proceedings since his representative filed a notice of ceasing to act – where first respondent has taken reasonable steps to notify the applicant of the proceeding and the case management hearing – where applicant failed to attend a case management hearing – application dismissed in whole
Legislation: Migration Act 1958 (Cth) ss 5AB, 501(3A), 501(7)(c) Migration Amendment (Aggregate Sentences) Act 2023 (Cth) item 4 of Sch 1 Federal Court Rules 2011 (Cth) rr 4.05, 5.22, 5.23
Cases cited: JZQQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 168 Minister for Home Affairs & Anor v Pearson & Anor [2023] HCATrans 105 Pearson v Minister for Home Affairs [2022] FCAFC 203
Division: General Division
Registry: New South Wales
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