Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mishra v Minister for Immigration and Border Protection [2018] FCA 76 File number: NSD 1348 of 2017
Judge: BURLEY J
Date of judgment: 14 February 2018
Catchwords: MIGRATION – application for extension of time to file an application for judicial review of a decision of the Administrative Appeals Tribunal – non-appearance by application at hearing - application dismissed pursuant to Federal Court Rules 2011 (Cth) (FCR) r 35.33 – question of costs reserved if applicant files an application pursuant to FCR r 35.33(2)
Legislation: Migration Act 1958 (Cth) ss 198, 501(1)(6), 501(7)(c), 501CA(4)(b)(ii) Federal Court Rules 2011(Cth) r 35.33(1)(a)(i), 35.33(2)
Date of hearing: 14 December 2017
Date of last submissions: 21 December 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: The Applicant did not appear
Solicitor for the First Respondent: Ms J Strugnell of MinterEllison
Counsel for the Second Respondent: The Second Respondent filed a submitting appearance, save as to costs
ORDERS NSD 1348 of 2017
BETWEEN: ABHITESH ANAND MISHRA Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: BURLEY J DATE OF ORDER: 14 FEBRUARY 2018
THE COURT ORDERS THAT:
1. The application be dismissed pursuant to Federal Court Rules 2011 (Cth) (FCR) r 35.33(1). 2. The applicant pay the first respondent's costs. 3. Order 2 be stayed for 21 days. 4. In the event that the applicant files an application pursuant to FCR r 35.33(2) within 21 days, order 2 be vacated and in its place the question of costs be reserved pending the outcome of that application. 5. The first respondent serve a copy of these orders and the reasons for judgment on the applicant by email at eddie7755@yahoo.com.au within 24 hours. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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