FEDERAL COURT OF AUSTRALIA SZVBK v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 254 Appeal from: SZVBK & Anor v Minister for Immigration & Anor [2015] FCCA 387 File number: NSD 1656 of 2019 Judge: MIDDLETON J Date of judgment: 27 February 2020 Legislation: Federal Court of Australia Act 1976 (Cth) Cases cited: SZVBK v Minister for Immigration and Another [2015] FCCA 387 Date of hearing: 27 February 2020 Registry: New South Wales Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: No Catchwords Number of paragraphs: 6 Counsel for the Applicants: The Applicants did not appear Solicitor for the First Respondent: Ms A Zinn of Mills Oakley Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs ORDERS NSD 1656 of 2019 BETWEEN: SZVBK First Applicant SZVBL Second Applicant AND: MINISTER FOR IMMIGRATION CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: MIDDLETON J DATE OF ORDER: 27 FEBRUARY 2020 THE COURT ORDERS THAT: 1. The Application for an extension of time be dismissed with costs. 2. The name of the first respondent be amended to read: "Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs". Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. REASONS FOR JUDGMENT MIDDLETON J: 1 This is an application seeking an extension of time and leave to appeal from the judgment and order of a judge of the Federal Circuit Court of Australia made on 5 March 2015 in SZVBK v Minister for Immigration and Another [2015] FCCA 387. 2 The matter was called on for hearing before me this morning and there was no appearance. I am satisfied that the applicant knew of the place and time for the hearing and no satisfactory explanation has been given for a non-appearance. 3 Pursuant to s 25(2B)(bb)(ii) (read in connection with s 25(2B)(a)) of the Federal Court of Australia Act 1976 (Cth), the Court has power to make an order that the application be dismissed for the failure of the applicant to attend a hearing. 4 This power is discretionary but I have no reason in the circumstances not to make an order dismissing the application for an extension of time. 5 So the order I will make is the application for an extension of time be dismissed with costs. 6 I will also order that the name of the first respondent be amended to read "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs". I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton. Associate: Dated: 3 March 2020