CRD16 v Minister for Immigration and Border Protection [2017] FCA 1416

FEDERAL COURT OF AUSTRALIA

CRD16 v Minister for Immigration and Border Protection [2017] FCA 1416 Appeal from: Application for an extension of time: CRD16 v Minister for Immigration [2017] FCCA 1500

File number: SAD 202 of 2017

Judge: WHITE J

Date of judgment: 24 November 2017

Catchwords: PRACTICE AND PROCEDURE – application for an extension of time within which to appeal against a judgment of the Federal Circuit Court – Applicant did not attend hearing – Applicant had not contacted First Respondent or the Court – application to dismiss proceeding under r 5.23 of the Federal Court Rules 2011 – Applicant in default – the application for an extension of time is dismissed.

Legislation: Federal Court Rules 2011 (Cth) r 5.23

Date of hearing: 24 November 2017

Registry: South Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 8

Counsel for the Applicant: The Applicant did not appear

Counsel for the First Respondent: Mr P d'Assumpcao

Solicitor for the First Respondent: Australian Government Solicitor

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS SAD 202 of 2017

BETWEEN: CRD16 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: WHITE J DATE OF ORDER: 24 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The application for the extension of time filed on 27 July 2017 is dismissed. 2. The Applicant is to pay the costs of the First Respondent of and incidental to the application for the extension of time, which are fixed in sum of $1,756. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.