SZVAN v Minister for Immigration and Border Protection [2016] FCA 1423

FEDERAL COURT OF AUSTRALIA

SZVAN v Minister for Immigration and Border Protection [2016] FCA 1423 Appeal from: Application for an extension of time: SZVAN v Minister for Immigration and Border Protection [2016] FCCA 1218

File number: NSD 969 of 2016

Judge: FARRELL J

Date of judgment: 25 November 2016

Catchwords: MIGRATION – application for extension of time to appeal judgment of the Federal Circuit Court of Australia – protection visa – where applicant failed to attend hearing of the application – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)

Cases cited: SZVAN v Minister for Immigration & Border Protection [2016] FCCA 1218

Date of hearing: 25 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 5

Counsel for the Applicant: The applicant did not appear

Solicitor for the First Respondent: Mr L Dennis of Minter Ellison

Counsel for the Second Respondent: The second respondent submitted save as to costs

ORDERS NSD 969 of 2016

BETWEEN: SZVAN Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: FARRELL J DATE OF ORDER: 25 NOVEMBER 2016

THE COURT ORDERS THAT:

1. The application is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure of the applicant to appear at the hearing. 2. The applicant pay the first respondent's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.