Singh v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs (No 2) [2021] FCA 850

Federal Court of Australia

Singh v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs (No 2) [2021] FCA 850 Appeal from: Singh v Minister for Immigration & Anor [2020] FCCA 748

File number(s): QUD 49 of 2020

Judgment of: SC DERRINGTON J

Date of judgment: 23 July 2021

Catchwords: PRACTICE AND PROCEDURE – application for extension of time for leave to appeal – where appellant failed to appear on two occasions – application refused

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Circuit Court Rules 2001 (Cth) r 44.12(2) Federal Court Rules 2011 (Cth) r 35.13

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of last submission/s: 21 July 2021

Date of hearing: 23 July 2021

Counsel for the Appellant: No appearance

Solicitor for the First Respondent: Ms Leith Helsdon of Sparke Helmore Lawyers

ORDER 1 QUD49 of 2020

BETWEEN: SATVIR SINGH Appellant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: SC DERRINGTON J DATE OF ORDER: 23 JULY 2021

THE COURT ORDERS THAT:

1. The application for an extension of time to apply for leave to appeal be dismissed. 2. The appellant is to pay the first respondent's costs of and incidental to the application, including the costs of both listings on 23 July 2021. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.