FEDERAL COURT OF AUSTRALIA
AZAEO v Minister for Immigration and Border Protection [2015] FCA 179
IN THE FEDERAL COURT OF AUSTRALIA | |
Applicant | |
AND: | MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The application for extension of time be dismissed with costs identified in the sum of $1,756.00.
2. The first respondent notify the applicant by letter of the terms of these orders and these reasons by including a copy thereof when they are available in settled form from the Chief Justice’s Associate.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
SOUTH AUSTRALIA DISTRICT REGISTRY | |
GENERAL DIVISION | SAD 259 of 2014 |
BETWEEN: | AZAEO Applicant |
AND: | MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent |
JUDGE: | ALLSOP CJ |
DATE: | 3 MARCH 2015 |
PLACE: | ADELAIDE |
REASONS FOR JUDGMENT
1 This is an application for an extension of time in which to file a notice of appeal from the orders of the learned Federal Circuit Court judge made on 22 September 2014. The learned Federal Circuit Court judge dismissed the application before him by reason of the absence of a party, though he looked at the underlying merits of the matter. The underlying matter was application decision of the Refugee Review Tribunal affirming a decision of a delegate of the Minister to reject an application for a protection visa.
2 The matter was listed today in the ordinary course of the appeal process, including notification to the parties. The applicant has not appeared. His pseudonym has been called three times outside. Because of s 91X of the Migration Act 1958 (Cth), I have not had his real name called outside. In the absence of his attendance, the Minister requests that I dismiss the matter for want of prosecution. I am prepared to do so.
3 I have also examined the reasons of the learned Federal Circuit Court judge. They do not appear, on their face, to reveal any error.
4 The applicant, not being present today, will have under the Federal Court Rules 2011 (Cth) (the Rules), a right to seek to set aside the orders that I am about to make. It should be clear, however, that in any such application (which should be made promptly), the applicant will need to explain: (1) why he did not appear before the Federal Circuit Court; (2) why he did not appear before this Court; and (3) that there is some utility in any application and appeal by reference to appropriate submissions identifying jurisdictional error in the Refugee Review Tribunal’s decision. I will direct that the first respondent serve upon the applicant a copy of the terms of these orders and my reasons when they are available in settled form.
5 The Minister also asks for a lump sum costs order in the sum of $1,756.00, being the fee for an application of this kind under Schedule 3 of the Rules. Given the history of the matter, it is appropriate that that order be made.
6 The application for an extension of time was for the filing of a notice of appeal. Strictly speaking, leave to appeal would be required, but I will treat the application as one for an application for filing and serving an application for leave to appeal, including a draft notice of appeal.
7 The orders of the Court are that:
(1) The application for extension of time be dismissed with costs identified in the sum $1,756.00.
(2) The first respondent notify the applicant by letter of the terms of these orders and these reasons by including a copy thereof when they are available in settled form from the Chief Justice’s Associate.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop . |
Associate:
