Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lin v Minister for Immigration and Border Protection [2017] FCA 926 Appeal from: Application for extension of time and leave to appeal: Lin v Minister for Immigration and Border Protection & Anor [2016] FCCA 489
File number: VID 245 of 2016
Judge: GRIFFITHS J
Date of judgment: 10 August 2017
Catchwords: MIGRATION – application for extension of time and leave to appeal from a decision of the Federal Circuit Court of Australia PRACTICE AND PROCEDURE – application dismissed for non-appearance of applicant under r 35.33 of the Federal Court Rules 2011 (Cth)
Legislation: Migration Act 1958 (Cth) s 48 Federal Circuit Court Rules 2001 (Cth) r 44.12 Federal Court Rules 2011 (Cth) r 35.14, 35.33 Migration Regulations 1994 (Cth) cl 885.224 of Schedule 2
Date of hearing: 10 August 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 13
Counsel for the Applicant: The applicant did not appear
Counsel for the Respondents: Mr R Knowles
Solicitor for the Respondents: Clayton Utz
ORDERS VID 245 of 2016
BETWEEN: YIN LIN Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: GRIFFITHS J DATE OF ORDER: 10 AUGUST 2017
THE COURT ORDERS THAT:
1. The interlocutory application dated 21 March 2016 be dismissed under r 35.33 of the Federal Court Rules 2011 (Cth) for non-appearance by the applicant. 2. Subject to orders 3 and 4 below, the applicant pay the first respondent's costs of and incidental to the interlocutory application dated 21 March 2016. 3. If the applicant contests the provisional order for costs set out in order 2 above, the applicant must file and serve by no later than 5pm on 18 August 2017 a brief outline of written submissions as to why that costs order should not be made. 4. If no such submissions are filed and served by the applicant by the time specified in order 3, order 2 above is confirmed. 5. If the applicant does file and serve submissions under order 3 above, the first respondent is to file and serve by no later than 5pm on 25 August 2017 a brief written outline of submissions in response. 6. Any contest concerning the issue of costs will be determined on the papers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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