Babu v Minister for Immigration and Border Protection [2018] FCA 1744

FEDERAL COURT OF AUSTRALIA

Babu v Minister for Immigration and Border Protection [2018] FCA 1744 Appeal from: Babu v Minister for Immigration & Anor [2018] FCCA 1734

File number: NSD 1217 of 2018

Judge: YATES J

Date of judgment: 12 November 2018

Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court – failure by appellant to appear – appeal dismissed

Legislation: Federal Court Rules 2011, r 36.75

Date of hearing: 12 November 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 2

Counsel for the Appellant: The appellant did not appear

Counsel for the First Respondent: Mr T Reilly

Solicitor for the First Respondent: Mills Oakley

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

ORDERS NSD 1217 of 2018

BETWEEN: NOMAN CHOWDURY BABU Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: YATES J DATE OF ORDER: 12 NOVEMBER 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(Revised from transcript)

YATES J: 1 This appeal was listed for hearing today, commencing at 10.15 am. At that time, the matter was called on. There was no appearance by the appellant. The matter was called outside the Court. There was still no appearance by the appellant. I have made inquiries of the Registry to see whether any communication has been received by the appellant. No communication has been received concerning today's hearing, other than earlier communications with the Court in which the appellant sought an adjournment. I dealt with that application on the papers and refused the adjournment. The Minister's legal advisers have heard nothing further from the appellant. 2 There being no appearance, the Minister seeks an order pursuant to r 36.75 of the Federal Court Rules 2011, which provides relevantly that, if a party is absent when an appeal is called on for hearing, the opposing party may apply to the Court for an order that, if the absent party is the appellant, the appeal be dismissed. That application having been made, I propose to dismiss the appeal. Orders will be made accordingly. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates.