ABN15 v Minister for Immigration and Border Protection

[2015] FCA 1139

FEDERAL COURT OF AUSTRALIA

ABN15 v Minister for Immigration and Border Protection [2015] FCA 1139

Citation:	ABN15 v Minister for Immigration and Border Protection [2015] FCA 1139
Appeal from:	Application for extension of time and leave to appeal: ABN15 v Minister for Immigration & Anor [2015] FCCA 747
Parties:	ABN15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number:	NSD 426 of 2015
Judge:	MARKOVIC J
Date of judgment:	22 October 2015
Legislation:	Federal Court Rules 2011 r 35.33
Date of hearing:	22 October 2015
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	3
Counsel for the Applicant:	The Applicant did not appear
Counsel for the Respondents:	Mr M Smith
Solicitor for the Respondents:	DLA Piper Australia

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 426 of 2015

BETWEEN:

ABN15
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MARKOVIC J
DATE OF ORDER:	22 OCTOBER 2015
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Application for Extension of Time and Leave to Appeal filed by the applicant and dated 20 April 2015 be dismissed.

2.The applicant pay the first respondent’s costs.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 426 of 2015

BETWEEN:

ABN15
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MARKOVIC J
DATE:	22 OCTOBER 2015
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant’s application for extension of time and leave to appeal was listed for hearing this morning.  When the matter came on at 10.15 am, there was no appearance on behalf of the applicant.  The matter was called outside the courtroom three times, and the applicant did not appear.  The first respondent has tendered an email this morning, which is marked as Exhibit 1, from Mr Scott Abbott of Serco Immigration Services to Ms Vanessa Page of the first respondent’s solicitors, which records, in terms:

   To whom it may concern. 

   The applicant … informed myself, Detainee Services Manager Scott Abbott, at 8.15 hours this morning 22/10/2015 that he did not wish to attend his court hearing today scheduled for 10.15 hours.  He was informed by centre staff that this would result in his case being dismissed at his cost.

2. In the absence of the applicant and in the circumstances, the first respondent has made an application that the applicant’s application for an extension of time and leave to appeal dated 20 April 2015 ought be dismissed, pursuant to r 35.33 of the Federal Court Rules 2011, which gives the Court power, upon application of a party, to dismiss an application if a party is absent at the hearing.

3. In the circumstances, I propose to make that order.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Markovic.

Associate:  

Dated:       26 October 2015