AFA17 v Minister for Immigration and Border Protection [2018] FCA 488

FEDERAL COURT OF AUSTRALIA

AFA17 v Minister for Immigration and Border Protection [2018] FCA 488 Appeal from: Application for extension of time: AFA17 v Minister for Immigration & Anor [2017] FCCA 2099

File number: NSD 1725 of 2017

Judge: RANGIAH J

Date of judgment: 6 March 2018

Catchwords: MIGRATION – application for extension of time within which to file notice of appeal – Tribunal complied with statutory obligations where applicant failed to appear at hearing – application dismissed

Legislation: Migration Act 1958 (Cth) ss 425, 425A, 426A, 426B and 441 Federal Court Rules 2011 (Cth) rr 36.03 and 36.05

Cases cited: Hunter Valley Developments Pty Ltd v Cohen [1984] 3 FCR 344

Date of hearing: 6 March 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 23

Counsel for the Applicant: The Applicant did not appear

Solicitor for the First Respondent: Mr A Day of DLA Piper

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

ORDERS NSD 1725 of 2017

BETWEEN: AFA17 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: RANGIAH J DATE OF ORDER: 6 March 2018

THE COURT ORDERS THAT:

1. The application for extension of time within which to file a notice of appeal is dismissed. 2. The applicant is to pay the first respondent's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.