BIS16 v Minister for Immigration and Border Protection [2018] FCA 701

FEDERAL COURT OF AUSTRALIA

BIS16 v Minister for Immigration and Border Protection [2018] FCA 701 Appeal from: Application for extension of time: BIS16 v Minister for Immigration and Border Protection [2017] FCCA 2505

File number(s): NSD 2028 of 2017

Judge(s): O'CALLAGHAN J

Date of judgment: 11 May 2018

Catchwords: MIGRATION – application for extension of time to file notice of appeal – where explanation for delay unsatisfactory – where merits of the case bound to fail – application dismissed

Legislation: Federal Court Rules 2011 (Cth), r 36.75

Date of hearing: 11 May 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 9

Counsel for the First Applicant: The First Applicant appeared in person

Counsel for the Second Applicant: The Second Applicant did not appear

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

Solicitor for the First Respondent: Sparke Helmore

Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs

ORDERS NSD 2028 of 2017

BETWEEN: BIS16 First Applicant

BIU16 Second Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: O'CALLAGHAN J DATE OF ORDER: 11 MAY 2018

THE COURT ORDERS THAT:

1. The first applicant's application for an extension of time be dismissed. 2. The second applicant's application for an extension of time be dismissed, pursuant to rule 36.75 of the Federal Court Rules 2011 (Cth), in default of appearance. 3. The first applicant pay the costs of the first respondent, to be agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.