Harrison v Secretary, Department of Social Services [2018] FCA 110

FEDERAL COURT OF AUSTRALIA

Harrison v Secretary, Department of Social Services [2018] FCA 110 File number: NSD 1275 of 2017

Judge: FLICK J

Date of judgment: 21 February 2018

Catchwords: PRACTICE AND PROCEDURE – where proceeding dismissed for want of appearance – subsequent application to set aside order – whether adequate explanation for absence – whether any merit in the proposed Grounds of Appeal PRACTICE AND PROCEDURE – application for an extension of time in which to appeal – where reasons for Tribunal decision sent by email – whether applicant was "given" a copy of the Tribunal decision – whether any merit in the proposed Grounds of Appeal

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 44(2A), 68 Migration Act 1958 (Cth) s 477(2) Administrative Appeals Tribunal Regulations 2015 (Cth) r 17 Federal Court Rules 2011 (Cth) r 39.05

Cases cited: 3D Funtimes Ltd v Intellec Development Group Pty Ltd (No 2) [2011] FCA 407 AZAEY v Minister for Immigration and Border Protection [2015] FCAFC 193, (2015) 238 FCR 341 Brown v Repatriation Commission (1985) 7 FCR 302 DMI16 v Federal Circuit Court of Australia [2017] FCA 1179 Frugtniet v Australian Securities and Investments Commission [2017] FCAFC 162 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92, (2015) 233 FCR 315 Harrison and Secretary, Department of Social Services [2017] AATA 411 Iyer v Minister for Immigration and Multicultural Affairs [2001] FCA 929, (2001) 192 ALR 71 Lal v Minister for Immigration and Border Protection (No 2) [2014] FCA 892 Minister for Immigration & Multicultural & Indigenous Affairs v Sochorova [2002] FCAFC 365 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391, (2015) 242 FCR 585 P v Child Support Registrar [2013] FCA 1312, (2013) 138 ALD 563 Swanton v Military Rehabilitation and Compensation Commission [2017] FCA 1142