ADB16 v Minister for Immigration and Border Protection [2017] FCA 1628

FEDERAL COURT OF AUSTRALIA

ADB16 v Minister for Immigration and Border Protection [2017] FCA 1628 Appeal from: Application for extension of time: ADB16 v Minister for Immigration [2017] FCCA 1055

File number: NSD 1050 of 2017

Judge: RARES J

Date of judgment: 15 November 2017

Legislation: Migration Act 1958 (Cth) s 36

Cases cited: Bienstein v Bienstein (2003) 195 ALR 225 Jackamarra v Krakouer (1998) 195 CLR 516 R v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087

Date of hearing: 15 November 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 13

Counsel for the Applicant: The Applicant did not appear

Solicitor for the First Respondent: Mr K Eskerie of Sparke Helmore

Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice

ORDERS NSD 1050 of 2017

BETWEEN: ADB16 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RARES J DATE OF ORDER: 15 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The application for an extension of time be dismissed. 2. The applicant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT) RARES J: 1 The applicant seeks an extension of time to challenge the decision of the Federal Circuit Court given on 19 May 2017 refusing him Constitutional writ relief in respect of the decision of the Administrative Appeals Tribunal given on 21 December 2015 that affirmed the decision of the Minister's delegate not to grant the applicant a protection visa: ADB16 v Minister for Immigration [2017] FCCA 1055. The applicant filed his application on 29 June 2017, a little over two weeks after the time for filing a notice of appeal. 2 On 10 October 2017, this application for an extension of time was fixed for hearing today before me. The Court notified the parties of this hearing by sending an email on 10 October 2017 to the applicant at his email address noted on his application for extension of time and to the solicitors for the Minister. The Court had previously notified the applicant by email dated 26 July 2017 that this application would be listed during the Full Court sittings commencing on 30 October 2017. 3 On 12 October 2017, the Minister sent by prepaid registered post a confirmation of the listing today before me, attaching a copy of the Registrar's email of 26 July 2017 and the Registrar's directions of 26 July 2017. 4 On 8 November 2017, the solicitors for the Minister sent by prepaid express post a copy of his submissions and list of authorities with a reminder of the listing before me today. On 9 November 2017, my associate noted the receipt of the Minister's submissions and list of authorities and she noted that the applicant had provided the Court with an email address for correspondence, asking the parties to ensure that any correspondence with the Court be copied to the applicant. 5 The applicant has not filed any submissions and did not appear today when the matter was called outside the Court.