Nagpal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 575

Federal Court of Australia

Nagpal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 575 Appeal from: Application for extension of time: Nagpal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2329

File number: WAD 242 of 2020

Judgment of: JACKSON J

Date of judgment: 1 June 2023

Catchwords: MIGRATION - application for extension of time to file notice of appeal from decision of Federal Circuit Court of Australia - applicant absent when matter called on for hearing - proposed ground of appeal futile - application dismissed pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth)

Legislation: Federal Court Rules 2011 (Cth) r 35.33

Division: General Division

Registry: Western Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 8

Date of hearing: 1 June 2023

Counsel for the Applicant: The applicant did not appear

Counsel for the First Respondent: Ms G Ellis

Solicitor for the First Respondent: Sparke Helmore Lawyers

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

ORDERS WAD 242 of 2020

BETWEEN: AKHIL NAGPAL Applicant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: JACKSON J DATE OF ORDER: 1 JUNE 2023

THE COURT ORDERS THAT:

1. Under rule 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) the application for an extension of time to appeal is dismissed. 2. The applicant must pay the first respondent's costs of the application fixed in the sum of $5000. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.