NANJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 532

Federal Court of Australia

NANJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 532 Appeal from: Application for an extension of time and to appeal from: NANJ v Minister for Immigration & Anor [2020] FCCA 210

File number: NSD 493 of 2020

Judgment of: STEWART J

Date of judgment: 25 May 2023

Catchwords: PRACTICE AND PROCEDURE – appeals – application for an extension of time and to appeal – where applicant failed to appear at case management hearing despite notice or to prosecute the appeal – application dismissed with costs

Legislation: Federal Court Rules 2011 (Cth) rr 36.73, 36.74

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 13

Date of hearing: 25 May 2023

Counsel for the Applicant: The applicant did not appear.

Solicitor for the First Respondent: G Pasas of Clayton Utz

Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs.

ORDERS NSD 493 of 2020

BETWEEN: NANJ Applicant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: STEWART J DATE OF ORDER: 25 MAY 2023

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to the Minister for Immigration, Citizenship and Multicultural Affairs. 2. The proceeding be dismissed. 3. The applicant pay the first respondent's costs in the lump sum amount of $3,500.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.