Singh v Minister for Immigration and Border Protection

[2017] FCA 1335

FEDERAL COURT OF AUSTRALIA

Singh v Minister for Immigration and Border Protection [2017] FCA 1335

Appeal from:

Application for extension of time and leave to appeal:

Singh v Minister for Immigration and Border Protection (Federal Circuit Court, MLG305/2015, orders dated 14 December 2016)

Singh v Minister for Immigration and Border Protection (Federal Circuit Court, MLG305/2015, orders dated 10 April 2017)

File number:

VID 514 of 2017

Judge:

ALLSOP CJ

Date of judgment:

10 November 2017

Legislation:

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

Federal Court Rules 2011 (Cth), r 35.33

Date of hearing:

10 November 2017

Registry:

Victoria

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

No Catchwords

Number of paragraphs:

3

Counsel for the Applicants:

The Applicants did not appear

Counsel for the First Respondent:

Ms M Stone

Solicitor for the First Respondent:

DLA Piper

Counsel for the Second Respondent:

The Second Respondent filed a submitting notice, save as to costs

ORDERS

VID 514 of 2017

BETWEEN:

HARINDER SINGH

First Applicant

RAJINDER KAUR

Second Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	ALLSOP CJ
DATE OF ORDER:	10 NOVEMBER 2017

THE COURT ORDERS THAT:

1.The application be dismissed with costs.

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

REASONS FOR JUDGMENT
(Revised from the transcript)

ALLSOP CJ:

1. This is an application by Mr Harinder Singh for an extension of time and applications for leave to appeal from orders made by a judge of the Federal Circuit Court on 14 December 2016 and 10 April 2017.  On both occasions the applicant did not appear.

2. The matter was listed today with notice to the applicant. The matter was called three times outside and the applicant has not appeared. The Minister, through his counsel, Ms Stone, has requested the course of action be that the appeal be dismissed for want of appearance under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and/or r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth). Given the failure to appear on this occasion, I am prepared to accede to that request.

3. The order of the court is the application be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop.

Associate:

Dated:        16 November 2017