FTY17 v Minister for Immigration and Border Protection [2019] FCA 682

FEDERAL COURT OF AUSTRALIA

FTY17 v Minister for Immigration and Border Protection [2019] FCA 682 Appeal from: Application for extension of time and leave to appeal: FTY17 v Minister for Immigration & Anor [2018] FCCA 3981

File number: NSD 2180 of 2018

Judge: ROBERTSON J

Date of judgment: 15 May 2019

Catchwords: MIGRATION – application for an extension of time and leave to appeal from orders of the Federal Circuit Court of Australia dismissing the applicant's application in a case for non-appearance

Legislation: Migration Act 1958 (Cth) s 65 Federal Court Rules 2011 (Cth) r 35.14

Cases cited: House v R [1936] HCA 40; 55 CLR 499

Date of hearing: 15 May 2019

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 27

Counsel for the Applicant: The Applicant appeared in person with the aid of an interpreter

Solicitor for the First Respondent: Mr S Valliappan

Counsel for the Second Respondent: The Second Respondent submitted to any order of the Court, save as to costs

ORDERS NSD 2180 of 2018

BETWEEN: FTY17 Applicant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: ROBERTSON J DATE OF ORDER: 15 MAY 2019

THE COURT ORDERS THAT:

1. The application for an extension of time and for leave to appeal is dismissed. 2. The applicant pay the first respondent's costs, as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.