BAA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2022] FCA 415

FEDERAL COURT OF AUSTRALIA

BAA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 415  

Appeal from:	BAA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor (No 2) [2020] FCCA 3403
File number:	NSD 56 of 2021
Judgment of:	MARKOVIC J
Date of judgment:	11 April 2022
Legislation:	Federal Court Rules 2011 (Cth) r 36.75(1)
Division:	General Division
Registry:	New South Wales
National Practice Area:	Administrative and Constitutional Law and Human Rights
Number of paragraphs:	7
Date of hearing:	11 April 2022
Counsel for the Respondents:	Mr T Reilly
Solicitor for the Respondents:	Australian Government Solicitor

ORDERS

NSD 56 of 2021

BETWEEN:

BAA20

Appellant

AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS

First Respondent

IMMIGRATION ASSESSMENT AUTHORITY

Second Respondent

ORDER MADE BY:	MARKOVIC J
DATE OF ORDER:	11 APRIL 2022

THE COURT ORDERS THAT:

1.Pursuant to rule 36.75(1) of the Federal Court Rules 2011 (Cth) the appeal be dismissed.

2.The appellant pay the first respondent’s costs of the appeal, as agreed or taxed.

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

REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)

MARKOVIC J:

1. These appeals, commenced by each of AZZ20 and BAA20, who are brothers, are listed before me for hearing this morning.  Although they raise a similar, if not identical issue, they were to be heard one after the other.  They were both listed for hearing commencing at 10.15 am. 

2. The appeals were originally listed for hearing on a date in 2021 but, following the appellants’ solicitor filing a notice of ceasing to act in each appeal and in light of the ongoing effect of the COVID-19 pandemic, the hearing date was adjourned until such time as the Court could hear the appeals in person.

3. The appeals were subsequently set down for hearing today, 11 April 2022, commencing at 10.15 am.  An email was sent to the parties by an officer of the registry of this Court on 14 December 2021, informing the parties that was to be the date for hearing. 

4. On 8 April 2022 both the solicitors for the first respondent and the Court sent emails by way of reminder to the appellants, noting that the matter was listed for hearing this morning.  

5. This morning when the matter was called for hearing there was no appearance by or on behalf of either of the appellants.  The appeals were called three times outside the courtroom and it remains the case that there is no appearance by or on behalf of the appellants.

6. The Minister has applied pursuant to r 36.75(1) of the Federal Court Rules 2011 (Cth) for the appeals to be dismissed because when they were called on for hearing the appellant in each case was absent. In the circumstances, I will make an order in each of the appeals dismissing the appeal. I am satisfied that the appellant in each case has had notice of the date of hearing of his appeal, that both appellants were reminded that the appeals were listed today at 10.15 am and that they were to be held in person.

7. I will make an order in each appeal pursuant to r 36.75(1) of the Rules dismissing the appeal.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Markovic.

Associate:

Dated:       20 April 2022