Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chen v Minister for Immigration and Border Protection [2016] FCA 1027 Appeal from: Application for leave to appeal: Chen v Minister for Immigration & Anor [2016] FCCA 1122
File number: NSD 763 of 2016
Judge: BROMWICH J
Date of judgment: 23 August 2016
Catchwords: PRACTICE AND PROCEDURE – where applicant did not appear, having not checked his mailbox over several months for notice of the listing of his case for hearing – application for leave to appeal dismissed for non-appearance
Legislation: Federal Court Rules 2011 (Cth), rr 35.12, 35.33(1)(a)(i)
Date of hearing: 23 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: The Applicant did not appear
Solicitor for the First Respondent: Ms B Rayment, Mills Oakley Lawyers
Solicitor for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS NSD 763 of 2016
BETWEEN: BING CHEN Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: BROMWICH J DATE OF ORDER: 23 AUGUST 2016
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed. 2. The applicant pay the first respondent's costs as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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