FEDERAL COURT OF AUSTRALIA

DVA16 v Minister for Immigration and Border Protection [2018] FCA 867

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to r 30.21 of the Federal Court Rules 2011 (Cth) the application is dismissed in default of appearance.

2.    The applicant pay the first respondent’s costs of the application.

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

REASONS FOR JUDGMENT

NORTH J:

1    Before the Court is an application brought under s 39B of the Judiciary Act 1903 (Cth), to set aside orders made by the Federal Circuit Court on 5 February 2018. The Federal Circuit Court dismissed an application for an extension of time within which to seek a review of a decision of the Administrative Appeals Tribunal made on 8 January 2016.

2    On 1 June 2018, the Friday before the hearing, both with my executive assistant and the instructing solicitors for the first respondent spoke with the applicant who confirmed that he would be present at the hearing today. On the same day, my chambers also received an email at 1.01pm from the applicant confirming that intention.

3    The matter was listed for hearing at 10.15am. The Court convened at 10.45am. At 10.15am and then again at 10.45am, there was no appearance by the applicant on either occasion.

4    An attempt was made to phone the applicant at 10.27am on the day of the hearing on the same phone number that was used by my executive assistant on 1 June 2018, and the phone was not answered.

5    I am satisfied that the applicant is aware of the date, time and place of hearing of this application. The application is dismissed in default of appearance.

Associate:

Dated:    5 June 2018