Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AKI17 v Minister for Immigration and Border Protection [2018] FCA 741 Appeal from: Application for extension of time:AKI17 v Minister for Immigration and Border Protection & Anor [2017] FCCA 2917
File number: NSD 1969 of 2017
Judge: BURLEY J
Date of judgment: 7 May 2018
Catchwords: MIGRATION – protection visa application – whether the Tribunal was empowered to dismiss the application for non-appearance which was upheld by the Federal Circuit Court of Australia – no jurisdictional error found – application dismissed
Legislation: Migration Act 1958 (Cth) s 426 Federal Court Rules 2011 (Cth) r 36.03
Cases cited: Singh v Minister for Immigration and Border Protection [2017] FCA 530
Date of hearing: 7 May 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the First Respondent: Ms D Watson of Australian Government Solicitors
Counsel for the Second Respondent: The Second Respondent filed a submitting appearance, save as to costs
ORDERS NSD 1969 of 2017
BETWEEN: AKI17 Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: BURLEY J DATE OF ORDER: 7 MAY 2018
THE COURT ORDERS THAT:
1. The application for an extension of time be refused. 2. The Applicant 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.
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