Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZWBK v Minister for Immigration and Border Protection (No 2) [2017] FCA 1130 Appeal from: SZWBK & Ors v Minister for Immigration & Anor [2017] FCCA 434
File number: NSD 419 of 2017
Judge: LEE J
Date of judgment: 8 September 2017
Catchwords: PRACTICE AND PROCEDURE – application pursuant to r 36.75(2)(a) of the Federal Court Rules 2011 (Cth) to reinstate an appeal – whether reasonable excuse for failure to appear at appeal – whether prejudice to respondent – whether appeal has reasonable prospects of success – where reasonable excuse and no prejudice shown – where appeal does not have reasonable prospects of success – application dismissed with costs
Legislation: Federal Court of Australia Act 1976 (Cth), Part VB Federal Court Rules 2011 (Cth), rr 36.75(1)(a)(i), 36.75(2), 36.75(2)(a)
Cases cited: ALG15 v Minister for Immigration and Border Protection [2017] FCA 560 NAKX v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1559 Precision Plastics Pty Ltd v Demir [1975] HCA 27; (1975) 132 CLR 362 Singh v Minister for Immigration and Border Protection [2016] FCA 108 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 SZWBK v Minister for Immigration and Border Protection [2017] FCA 1020 SZWBK v Minister for Immigration and Citizenship [2017] FCCA 434
Date of hearing: 8 September 2017
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