FEDERAL COURT OF AUSTRALIA

Ho v Minister for Immigration and Border Protection [2018] FCA 133

ORDERS

THE COURT ORDERS THAT:

1.    The applicant’s application for leave to appeal dated 4 August 2017 is dismissed.

2.    The first respondent’s costs of the application be paid by the applicant.

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

REASONS FOR JUDGMENT

BROMBERG J:

1    The Court has before it an application for leave to appeal. The applicant seeks leave to appeal from a decision of the Federal Circuit Court of Australia, published as Ho v Minister for Immigration and Anor [2017] FCCA 1750. As far as the Court is aware, the applicant is not legally represented.

2    The applicant’s application was listed for hearing commencing at 2.15pm this afternoon. The applicant was not present at Court at that time, and some efforts were made to contact the applicant on the mobile number available to the first respondent. Those efforts were unsuccessful.

3    I am satisfied that the applicant has been made aware of the hearing date for the appeal, both by the Court and by correspondence from the first respondent. Rule 35.33of the Federal Court Rules 2011 (Cth) provides that in an application such as this, if a party is absent when the application is called on for hearing, the Court has the capacity to dismiss the application. In the circumstances as I have described them, an order dismissing the application is appropriate.

4    Accordingly, I will make an order dismissing the application for leave to appeal.

Associate:    

Dated:    21 February 2018