MZAHB v Minister for Immigration and Border Protection [2016] FCA 1443

FEDERAL COURT OF AUSTRALIA

MZAHB v Minister for Immigration and Border Protection [2016] FCA 1443 Appeal from: Application for Extension of Time: MZAHB v Minister for Immigration & Anor [2015] FCCA 775

File number: VID 623 of 2016

Judge: LOGAN J

Date of judgment: 16 November 2016

Catchwords: MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – protection visa – application for an extension of time to seek leave to appeal – failure by applicant to appear – movement records of Immigration Department indicated applicant had departed Australia – application dismissed for want of prosecution PRACTICE AND PROCEDURE – application for an extension of time to seek leave to appeal – applicant did not appear – movement records of Immigration Department indicates applicant has departed Australia – application dismissed for want of prosecution

Legislation: Migration Act 1958 (Cth)

Date of hearing: 16 November 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 4

Counsel for the Applicant: The applicant did not appear

Solicitor for the Respondents: DLA Piper

ORDERS VID 623 of 2016

BETWEEN: MZAHB Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 16 NOVEMBER 2016

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The applicant is to pay the first respondent's costs of and incidental to the application for an extension of time to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.