Romero v Minister for Home Affairs

[2018] FCA 1756

FEDERAL COURT OF AUSTRALIA

Romero v Minister for Home Affairs [2018] FCA 1756

Appeal from:	Application for an extension of time: Romero v Minister for Home Affairs [2018] FCCA 1116
File number(s):	NSD 947 of 2018
Judge(s):	FARRELL J
Date of judgment:	13 November 2018
Legislation:	Federal Court Rules 2011 (Cth) r 36.75
Cases cited:	Romero v Minister for Home Affairs [2018] FCCA 1116
Date of hearing:	13 November 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 J Pinder of MinterElison
Counsel for the Second Respondent:	The Second Respondent submitted save as to costs

ORDERS

NSD 947 of 2018

BETWEEN:

MORRIS ROMERO

Applicant

AND:

MINISTER FOR HOME AFFAIRS

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	FARRELL J
DATE OF ORDER:	13 NOVEMBER 2018

THE COURT ORDERS THAT:

1.The application for an extension of time in which to appeal is dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).

2.The applicant must pay the first respondent’s costs as agreed or taxed. 

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

REASONS FOR JUDGMENT

FARRELL J

1. This is an application for an extension of time in which to appeal a decision from the Federal Circuit Court of Australia pronounced on 11 May 2018 cited as Romero v Minister for Home Affairs [2018] FCCA 1116.

2. As far as the Court is aware, the applicant is not legally represented.  This matter was listed for hearing this afternoon, 13 November 2018, commencing at 2:15 pm.  The applicant was not present at Court at that time.

3. The legal representative of the Minister made some efforts to contact Mr Romero on the mobile telephone number which appeared on Mr Romero’s application to this Court.  Those efforts were unsuccessful.  The Minister’s legal representative also tendered a copy of an email sent at 2:34 pm on 6 November 2018 to which there were attached a copy of the Minister’s submissions and a letter advising of the time and place at which the hearing of the application for an extension of time was set down.

4. I am satisfied that the applicant has been made aware of the hearing date for this application.  Rule 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) provides that if a party is absent when an appeal is called on for hearing, the opposing party may apply for an order that the appeal be dismissed. As the representative for the Minister pointed out, an application for an extension of time falls within the same Part of the rules.

5. In the circumstances as I have described them, an order dismissing the application is appropriate and I will make the order. I order that the application for an extension of time in which to appeal be dismissed pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) and the applicant pay the first respondent’s costs as agreed or taxed.

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

Associate

Dated:        21 November 2018