FEDERAL COURT OF AUSTRALIA

Babu v Minister for Immigration and Border Protection [2018] FCA 1744

ORDERS

THE COURT ORDERS THAT:

1.    The appeal be dismissed.

2.    The appellant pay the first respondent’s costs.

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

REASONS FOR JUDGMENT

(Revised from transcript)

YATES J:

1    This appeal was listed for hearing today, commencing at 10.15 am. At that time, the matter was called on. There was no appearance by the appellant. The matter was called outside the Court. There was still no appearance by the appellant. I have made inquiries of the Registry to see whether any communication has been received by the appellant. No communication has been received concerning today’s hearing, other than earlier communications with the Court in which the appellant sought an adjournment. I dealt with that application on the papers and refused the adjournment. The Minister’s legal advisers have heard nothing further from the appellant.

2    There being no appearance, the Minister seeks an order pursuant to r 36.75 of the Federal Court Rules 2011, which provides relevantly that, if a party is absent when an appeal is called on for hearing, the opposing party may apply to the Court for an order that, if the absent party is the appellant, the appeal be dismissed. That application having been made, I propose to dismiss the appeal. Orders will be made accordingly.

Associate:

Dated:    13 November 2018