SZWBU v Minister for Immigration and Border Protection

[2015] FCA 801

FEDERAL COURT OF AUSTRALIA

SZWBU v Minister for Immigration and Border Protection [2015] FCA 801

Citation:	SZWBU v Minister for Immigration and Border Protection [2015] FCA 801
Appeal from:	Application for extension of time: SZWBU v Minister for Immigration & Anor [2015] FCCA 873
Parties:	SZWBU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number:	NSD 486 of 2015
Judge:	PERRAM J
Date of judgment:	4 August 2015
Legislation:	Federal Court Rules 2011 (Cth) rr 35.14, 35.33
Date of hearing:	4 August 2015
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	3
Counsel for the Applicant:	The applicant did not appear
Counsel for the Respondents:	Mr G Johnson
Solicitor for the Respondents:	Sparke Helmore Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 486 of 2015

BETWEEN:

SZWBU
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	4 AUGUST 2015
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondents’ costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 486 of 2015

BETWEEN:

SZWBU
Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	PERRAM J
DATE:	4 AUGUST 2015
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application to extend the time in which to appeal from orders made by the Federal Circuit Court on 8 April 2015. That is an application made pursuant to r 35.14 of the Federal Court Rules 2011 (Cth). The matter was listed for hearing today, 4 August 2015, at 10:15. When the matter was called on there was no appearance by the applicant. I had the matter called outside the court room and there was no appearance by the applicant after that call. I then stood the matter down for a period of 20 minutes and when the matter was resumed there was still no appearance by the applicant.

2. Rule 35.33(1) of the Federal Court Rules 2011 (Cth) provides that if an applicant is absent when an application under r 35.14 is called on for hearing any other party may apply to the Court for an order that the application be dismissed. Mr Johnson of counsel, who appeared for the Minister, applied pursuant to this rule for such an order. He informed me from the bar table, and I accept, that the Minister had notified the applicant of the hearing date and had done so by letter on two occasions.

3. In those circumstances I can see no principled basis upon which I can refuse the Minister’s application and I order that the application to extend time 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 Justice Perram.

Associate:

Dated:        6 August 2015