CFS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 831

Federal Court of Australia

CFS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 831 Appeal from: CFS17 v Minister for Immigration & Border Protection [2021] FCCA 1973

File number: NSD 757 of 2021

Judgment of: LEE J

Date of judgment: 21 July 2023

Catchwords: MIGRATION – application for extension of time – where applicant has taken no steps in the proceeding – where applicant did not appear at the hearing – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(2), 25(2B)(bb)(ii), 25(2BA) Federal Court Rules 2011 (Cth) r 36.05 Migration Regulations 1994 (Cth) Sch 2, cl 866.411

Cases cited: CFS17 v Minister for Immigration & Border Protection [2021] FCCA 1973

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 11

Date of hearing: 21 July 2023

Counsel for the Applicant: The applicant did not appear

Solicitor for the First Respondent: Mr M Gao of HWL Ebsworth Lawyers

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

ORDERS NSD 757 of 2021

BETWEEN: CFS17 Applicant

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

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: LEE J DATE OF ORDER: 21 JULY 2023

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to "Minister for Immigration, Citizenship and Multicultural Affairs". 2. 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.