Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ABS16 v Minister for Immigration and Border Protection [2018] FCA 1101 Appeal from: ABS16 v Minister for Immigration [2017] FCCA 2722
File number(s): NSD 1992 of 2017
Judge(s): FARRELL J
Date of judgment: 18 July 2018
Catchwords: MIGRATION – Application to dismiss an appeal pursuant to r 36.75 of the Federal Court Rules 2011 (Cth) – applicant failed to attend two hearing dates without adequate explanation – application granted
Legislation: Migration Act 1958 (Cth) s 65 Federal Court Rules 2011 (Cth) r 36.75
Cases cited: ABS16 v Minister for Immigration [2017] FCCA 2722
Date of hearing: 18 July 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 12
Counsel for the Appellant: The Appellant did not appear
Solicitor for the First Respondent: Ms B Rayment of Sparke Helmore
Counsel for the Second Respondent: The Second Respondent submitted save as to costs
ORDERS NSD 1992 of 2017
BETWEEN: ABS16 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: FARRELL J DATE OF ORDER: 18 July 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed pursuant to r 36.75 of the Federal Court Rules 2011 (Cth). 2. The appellant pay the Minister's costs as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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