AYE15 v Minister for Immigration and Border Protection [2016] FCA 1517

FEDERAL COURT OF AUSTRALIA

AYE15 v Minister for Immigration and Border Protection [2016] FCA 1517 Appeal from: AYE15 v Minister for Immigration and Border Protection [2016] FCCA 1206

File number: SAD 171 of 2016

Judge: PERRY J

Date of judgment: 13 December 2016

Catchwords: MIGRATION – non-appearance by appellant at the hearing of the appeal – appeal dismissed under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69

Date of hearing: 17 November 2016, 13 December 2016

Registry: South Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 15

Counsel for the Appellant: The appellant did not appear

Solicitor for the First Respondent: Mr P D'Assumpcao, solicitor of Australian Government Solicitor

Counsel for the Second Respondent: The second respondent filed a submitting appearance save as to costs

ORDERS SAD 171 of 2016

BETWEEN: AYE15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: PERRY J DATE OF ORDER: 13 December 2016

THE COURT ORDERS THAT:

1. The appeal is dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth). 2. Subject to order 3, the appellant is to pay the first respondent's costs as agreed or assessed, but in any event not to exceed the sum of $4,500. 3. There be no order as to the costs occasioned by and incidental to the adjournment of the hearing on 17 November 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.