Hanna v Migration Agents Registration Authority

[2001] FCA 732

FEDERAL COURT OF AUSTRALIA

Hanna v Migration Agents Registration Authority [2001] FCA 732

FAYEZ PHILLIPE HANNA V MIGRATION AGENTS REGISTRATION AUTHORITY

N1466  of 2000

MOORE J
7 JUNE 2001
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1466 OF 2000

BETWEEN:	FAYEZ PHILLIPE HANNA APPLICANT
AND:	MIGRATION AGENTS REGISTRATION AUTHORITY RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	7 JUNE 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The application for an extension  of time is dismissed

2.   The applicant pay the respondent’s costs

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1466 OF 2000

BETWEEN:	FAYEZ PHILLIPE HANNA APPLICANT
AND:	MIGRATION AGENTS REGISTRATION AUTHORITY RESPONDENT

JUDGE:	MOORE J
DATE:	7 JUNE 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

MOORE J

1. This matter was listed this morning, 7 June 2001, to deal with an application for an extension of time in which to file an appeal against a decision of the Administrative Appeals Tribunal.  The matter was fixed for hearing for that purpose on 7 March 2001 when Mr Hanna, the applicant, appeared in person.  At that time he sought an adjournment of the matter on the basis that first he was going overseas and secondly, he wished to obtain legal representation in the proceedings. I granted that application and adjourned the matter for the period sought by Mr Hanna for the purposes he identified. 

2. There has been no appearance by Mr Hanna this morning and nothing filed on his behalf since the directions hearing on 7 March 2001.  However, Mr Markus appearing for the respondent, the Migration Agents Registration Authority, has provided me with a copy of an affidavit from Mr Hanna served on the respondent but not filed.

3. The Court has power to make an order dismissing an application if there is no appearance by an applicant.  In the circumstances of this case having regard to the history that I have just recounted and the fact that there is nothing on the file to explain why Mr Hanna has not appeared, I propose to make the order sought by the respondent.  I note however that O 35 r 7 of the Federal Court Rules would empower the Court to vary or set aside this order given that it is made in the absence of the applicant and that power may be exercised notwithstanding that the order has been entered. 

4. Accordingly, I order that the application for an extension of time is dismissed. I further order that the applicant pay the respondent the costs of the application.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:             14 June 2001

The applicant did not appear.

Solicitor for the Respondent:	A Markus;  Australian Government Solicitor
Date of Hearing:	7 June 2001
Date of Judgment:	7 June 2001