AFT16 v Minister for Immigration and Border Protection [2017] FCA 574

FEDERAL COURT OF AUSTRALIA

AFT16 v Minister for Immigration and Border Protection [2017] FCA 574 Appeal from: Application for extension of time: AFT16 v Minister for Immigration & Anor [2016] FCCA 2302

File number: NSD 198 of 2017

Judge: BARKER J

Date of judgment: 24 May 2017

Catchwords: MIGRATION – application for protection (class XA) visa – application for extension of time to appeal from Federal Circuit Court decision – whether Tribunal failed to consider full integers of claim – whether Tribunal failed to give proper weight to evidence – applicant no longer in Australia – application dismissed by reason of non-attendance

Legislation: Migration Act 1958 (Cth) ss 5(1)(a), 36(2)(a), 36(2)(aa) Federal Court Rules 2011 (Cth) r 35.33

Cases cited: AFT16 v Minister for Immigration & Anor [2016] FCCA 2302

Date of hearing: 24 May 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 53

Counsel for the Applicant: The Applicant did not appear

Counsel for the First Respondent: Mr AE Flick

Solicitor for the First Respondent: DLA Piper

ORDERS NSD 198 of 2017

BETWEEN: AFT16 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: BARKER J DATE OF ORDER: 24 MAY 2017

THE COURT ORDERS THAT:

1. The application for extension of time to appeal be dismissed. 2. The applicant pay the costs of the first respondent, to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.