Zahoor v Minister for Immigration and Border Protection

[2019] FCA 305

FEDERAL COURT OF AUSTRALIA

Zahoor v Minister for Immigration and Border Protection [2019] FCA 305

Appeal from:	Application for an extension of time: Fahad Zahoor v Minister for Immigration & Anor [2018] FCCA 2532
File number:	VID 820 of 2018
Judge:	MIDDLETON J
Date of judgment:	28 February 2019
Legislation:	Federal Court of Australia Act 1976 (Cth)
Date of hearing:	28 February 2019
Registry:	Victoria
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:	Ms M Underhill of Mills Oakley
Counsel for the Second Respondent:	The Second Respondent filed a submitting notice, save as to costs

ORDERS

VID 820 of 2018

BETWEEN:

FAHAD ZAHOOR

Applicant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	28 FEBRUARY 2019

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

MIDDLETON J:

1. In this matter, the Applicant seeks an extension of time and leave to appeal from the orders of a judge of the Federal Circuit Court made on 20 June 2018 in Fahad Zahoor v Minister for Immigration and Anor [2018] FCCA 2532.

2. This application was called on this afternoon at the designated hearing time and place and there was no appearance by the Applicant.  The First Respondent sought an order that the application be dismissed with costs.  I am satisfied the Applicant was advised of the hearing.  I observe that the Applicant has not filed or served any submissions in support of the application and has made no communication with the Court or the First Respondent advising of any reason for non-appearance. 

3. The Court has power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to make an order that the application be dismissed for failure of an appellant to attend a hearing relating to an appeal. This provision operates in relation to this application by operation of s 25(2BA), which provides that, in subs (2B) of that section, a reference to an appeal includes an application of the kind mentioned in subs (2), which includes an application for an extension of time within which to institute an appeal to the Court.

4. In the circumstances, I consider it is appropriate that I exercise that power and dismiss the application before the Court. 

5. I will therefore order that the application be dismissed with costs.

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

Associate:

Dated:       7 March 2019