ARF17 v Minister for Immigration and Border Protection

[2018] FCA 1281

FEDERAL COURT OF AUSTRALIA

ARF17 v Minister for Immigration and Border Protection [2018] FCA 1281

Appeal from:	Application for leave to appeal: ARF17 v Minister for Immigration & Anor [2018] FCCA 232
File number:	NSD 148 of 2018
Judge:	BESANKO J
Date of judgment:	22 August 2018
Legislation:	Federal Court Rules 2011 (Cth) r 35.32
Date of hearing:	22 August 2018
Registry:	New South Wales
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	No Catchwords
Number of paragraphs:	5
Counsel for the Applicant:	The Applicant did not appear
Solicitor for the First Respondent:	Mr A Fisher of HWL Ebsworth
Counsel for the Second Respondent:	The Second Respondent entered a submitting notice, save as to costs

ORDERS

NSD 148 of 2018

BETWEEN:

ARF17

Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	22 AUGUST 2018

THE COURT ORDERS THAT:

1.The applicant’s application for leave to appeal dated 12 February 2018 be dismissed.

2.The applicant pay the first respondent’s costs of and incidental to the application.

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

REASONS FOR JUDGMENT

BESANKO J:

1. This proceeding came on for hearing on 22 August 2018.  The applicant did not appear.  My associate made two attempts to contact the applicant by telephone, but the applicant could not be contacted.  I then delivered the following ruling.

2. This is an application for leave to appeal from an order made by the Federal Circuit Court of Australia.

3. The application was listed for hearing today. The applicant is not present and the respondent makes an application under r 35.32 of the Federal Court Rules 2011 (Cth) (the Rules) that the application for leave to appeal be dismissed following the applicant’s failure to attend the hearing today.

4. The applicant was advised of today’s hearing date by the Court on 5 July 2018. In addition, the respondent’s solicitors wrote to the applicant on 15 August 2018 referring to the hearing today and putting the applicant on notice that if he did not attend the hearing the respondent would seek orders from the Court that the application would be dismissed with costs.

5. In the circumstances as I have outlined them, it is appropriate to make an order under r 35.32 of the Rules that the applicant’s application for leave to appeal dated 12 February 2018 be dismissed. I so order. I further order that the applicant pay the first respondent’s costs of and incidental to the application.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Besanko.

Associate:       

Dated:       28 August 2018