DTF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 446

Federal Court of Australia

DTF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 446 Appeal from: DTF17 v Minister for Immigration and Border Protection (No 2) [2020] FCA 383

File number: NSD 1068 of 2020

Judgment of: MIDDLETON J

Date of judgment: 27 April 2021

Date of publication of reasons: 29 April 2021

Legislation: Federal Court of Australia Act (1976) (Cth)

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 7

Date of hearing: 27 April 2021

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr G Johnson

Solicitor for the Respondent: Australian Government Solicitor

ORDERS NSD 1068 of 2020

BETWEEN: DTF17 Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent

order made by: MIDDLETON J DATE OF ORDER: 27 APRIL 2021

THE COURT ORDERS THAT:

1. The application for an extension of time be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MIDDLETON J: 1 This application was called on for hearing today as scheduled in the Court List. There was no appearance for or by the Applicant. 2 I propose that the application for an extension of time to appeal be dismissed with costs. 3 The power to do so is found in s 25(2B)(bb)(ii) of the Federal Court of Australia Act (1976) (Cth) when read in conjunction with s 25(2BA). 4 It is a matter for the Court's discretion as to whether the power to dismiss should be exercised when an applicant fails to appear before the Court. 5 The Applicant has been notified in the normal course, and yesterday by email sent by the Minister's solicitors, that the hearing would be on today at 10.15 am before this Court. My associate has also just attempted to call the mobile number on the application form filed by the Applicant, and the call could not be connected. 6 I am satisfied that appropriate notice has been given to the Applicant of the hearing today. Neither the Court nor the Minister has received any excuse or explanation for non-attendance, and in those circumstances there will be no justification to adjourn the hearing or proceed other than to dismiss the application with costs. 7 I order that the application for an extension of time to appeal be dismissed with the costs. I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Middleton.