MZAQN v Minister for Immigration and Border Protection

[2016] FCA 1400

FEDERAL COURT OF AUSTRALIA

MZAQN v Minister for Immigration and Border Protection [2016] FCA 1400

Appeal from:

MZAQN v Minister for Immigration &Border Protection & Anor [2016] FCCA 1538

File number:

VID 562 of 2016

Judge:

NORTH J

Date of judgment:

16 November 2016

Legislation:

Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)

Federal Court Rules 2011 (Cth) r 36.75

Date of hearing:

16 November 2016

Registry:

Victoria

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

No Catchwords

Number of paragraphs:

4

Counsel for the Applicant:

The Applicant did not appear.

Counsel for the Respondents:

Ms A Briffa

Solicitor for the Respondents:

Australian Government Solicitor

ORDERS

VID 562 of 2016

BETWEEN:

MZAQN

Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	NORTH J
DATE OF ORDER:	16 NOVEMBER 2016

THE COURT ORDERS THAT:

1.The application for extension of time and leave to appeal is dismissed.

2.The applicant pay the costs of the first respondent as agreed or taxed.

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

REASONS FOR JUDGMENT

NORTH J:

1. On 9 September 2016, the Court sent to the appellant by email a notice of listing, informing him of the hearing which was listed for today at 2:15pm.  That notice is addressed to the appellant at the email address appearing on the documents filed by the appellant. 

2. The lawyer representing the first respondent produced a letter dated 9 November 2016 from the first respondent to the appellant at the postal and email addresses on the documents filed by the appellant, save that the postcode on the 9 November letter differed from the postcode in the address provided by the appellant by a single digit. The letter enclosed the Minister’s outline of submissions and advised the appellant of today’s hearing. I am, therefore, satisfied that the appellant has been given notice of today’s hearing. 

3. The lawyer representing the first respondent called the phone number listed as the appellant’s number on the documents filed by the appellant prior to the hearing commencing, but the call was diverted directly to voicemail. The appellant was called outside the Court just after 2.30 pm, and there was no appearance. 

4. In those circumstances, the appellant’s appeal is dismissed with costs, pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) and r 36.75 of the Federal Court Rules 2011 (Cth).

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

Associate:

Dated:       23 November 2016