SZVBK v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 254

FEDERAL COURT OF AUSTRALIA

Appeal from:	SZVBK & Anor v Minister for Immigration & Anor [2015] FCCA 387

File number:	NSD 1656 of 2019

Judge:	MIDDLETON J

Date of judgment:	27 February 2020

Legislation:	Federal Court of Australia Act 1976 (Cth)

Cases cited:	SZVBK v Minister for Immigration and Another [2015] FCCA 387

Date of hearing:	27 February 2020

Registry:	New South Wales

Division:	General Division

National Practice Area:	Administrative and Constitutional Law and Human Rights

Category:	No Catchwords

Number of paragraphs:	6

Counsel for the Applicants:	The Applicants did not appear

Solicitor for the First Respondent:	Ms A Zinn of Mills Oakley

Counsel for the Second Respondent:	The Second Respondent filed a submitting notice, save as to costs

ORDERS

		NSD 1656 of 2019

BETWEEN:	SZVBK First Applicant SZVBL Second Applicant
AND:	MINISTER FOR IMMIGRATION CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	27 FEBRUARY 2020

THE COURT ORDERS THAT:

1. The Application for an extension of time be dismissed with costs.

2. The name of the first respondent be amended to read: “Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs”.

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

REASONS FOR JUDGMENT

MIDDLETON J:

1 This is an application seeking an extension of time and leave to appeal from the judgment and order of a judge of the Federal Circuit Court of Australia made on 5 March 2015 in SZVBK v Minister for Immigration and Another [2015] FCCA 387.

2 The matter was called on for hearing before me this morning and there was no appearance. I am satisfied that the applicant knew of the place and time for the hearing and no satisfactory explanation has been given for a non-appearance.

3 Pursuant to s 25(2B)(bb)(ii) (read in connection with s 25(2B)(a)) of the Federal Court of Australia Act 1976 (Cth), the Court has power to make an order that the application be dismissed for the failure of the applicant to attend a hearing.

4 This power is discretionary but I have no reason in the circumstances not to make an order dismissing the application for an extension of time.

5 So the order I will make is the application for an extension of time be dismissed with costs.

6 I will also order that the name of the first respondent be amended to read “Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs”.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton.

Associate:

Dated: 3 March 2020

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