DVA16 v Minister for Immigration and Border Protection
[2018] FCA 867
•5 June 2018
FEDERAL COURT OF AUSTRALIA
DVA16 v Minister for Immigration and Border Protection [2018] FCA 867
Appeal from: Application for leave to appeal: Federal Circuit Court of Australia (oral decision, Judge Riethmuller, 5 February 2018) File number: VID 218 of 2018 Judge: NORTH J Date of judgment: 5 June 2018 Date of hearing: 5 June 2018 Registry: Victoria 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. Counsel for the Respondents: Mr B Petrie Solicitor for the Respondents: Australian Government Solicitor ORDERS
VID 218 of 2018 BETWEEN: DVA16
Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE:
NORTH J
DATE OF ORDER:
5 JUNE 2018
THE COURT ORDERS THAT:
1.Pursuant to r 30.21 of the Federal Court Rules 2011 (Cth) the application is dismissed in default of appearance.
2.The applicant pay the first respondent’s costs of the application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
NORTH J:
Before the Court is an application brought under s 39B of the Judiciary Act 1903 (Cth), to set aside orders made by the Federal Circuit Court on 5 February 2018. The Federal Circuit Court dismissed an application for an extension of time within which to seek a review of a decision of the Administrative Appeals Tribunal made on 8 January 2016.
On 1 June 2018, the Friday before the hearing, both with my executive assistant and the instructing solicitors for the first respondent spoke with the applicant who confirmed that he would be present at the hearing today. On the same day, my chambers also received an email at 1.01pm from the applicant confirming that intention.
The matter was listed for hearing at 10.15am. The Court convened at 10.45am. At 10.15am and then again at 10.45am, there was no appearance by the applicant on either occasion.
An attempt was made to phone the applicant at 10.27am on the day of the hearing on the same phone number that was used by my executive assistant on 1 June 2018, and the phone was not answered.
I am satisfied that the applicant is aware of the date, time and place of hearing of this application. The application is dismissed in default of appearance.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. Associate:
Dated: 5 June 2018
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