SZVAN v Minister for Immigration and Border Protection
[2016] FCA 1423
•25 November 2016
FEDERAL COURT OF AUSTRALIA
SZVAN v Minister for Immigration and Border Protection [2016] FCA 1423
Appeal from: Application for an extension of time: SZVAN v Minister for Immigration and Border Protection [2016] FCCA 1218 File number: NSD 969 of 2016 Judge: FARRELL J Date of judgment: 25 November 2016 Catchwords: MIGRATION – application for extension of time to appeal judgment of the Federal Circuit Court of Australia – protection visa – where applicant failed to attend hearing of the application – application dismissed Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) Cases cited: SZVAN v Minister for Immigration & Border Protection [2016] FCCA 1218 Date of hearing: 25 November 2016 Registry: New South Wales Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 5 Counsel for the Applicant: The applicant did not appear Solicitor for the First Respondent: Mr L Dennis of Minter Ellison Counsel for the Second Respondent: The second respondent submitted save as to costs ORDERS
NSD 969 of 2016 BETWEEN: SZVAN
Applicant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
JUDGE:
FARRELL J
DATE OF ORDER:
25 NOVEMBER 2016
THE COURT ORDERS THAT:
1.The application is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure of the applicant to appear at the hearing.
2.The applicant 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
The applicant is a citizen of Pakistan.
By an application filed on 20 June 2016 the applicant seeks an extension of time to appeal a judgment of the Federal Circuit Court of Australia delivered on 26 May 2016: see SZVAN v Minister for Immigration & Border Protection [2016] FCCA 1218.
When the time set down for the hearing of the application arrived at 10.15 am this morning, the applicant did not appear. The matter was called outside the courtroom with no appearance. Prior to the commencement of the hearing the Minister’s representative had attempted to contact the applicant on the telephone number listed on his application for an extension of time. That number was non-responsive. I adjourned the hearing until approximately 10.35 am to allow the applicant time to appear. When the applicant had still not appeared the Minister’s representative made an application pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for an order dismissing the application for an extension of time for failure of the applicant to attend the hearing.
The Minister supplied a copy of a letter dated 21 November 2016 sent to both the street address and email address set out in the applicant’s application for an extension of time. The letter notified the applicant of the time, date and place of the hearing and enclosed the Minister’s written outline of submissions and list of authorities.
I am satisfied that the applicant had adequate notice of the time and date of the hearing. In these circumstances I will dismiss the application and I will order that the applicant pay the Minister’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: 25 November 2016
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