BZACO v Minister for Immigration and Citizenship

[2013] FCA 1456

FEDERAL COURT OF AUSTRALIA

BZACO v Minister for Immigration and Citizenship [2013] FCA 1456

Citation:	BZACO v Minister for Immigration and Citizenship [2013] FCA 1456
Appeal from:	BZACO v Minister for Immigration & Anor [2012] FMCA 1029
Parties:	BZACO v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s):	QUD 641 of 2012
Judges:	GREENWOOD J
Date of judgment:	7 March 2013
Catchwords:	MIGRATION – dismissal of an appeal for non‑appearance by the appellant
Date of hearing:	7 March 2013
Date of last submissions:	26 February 2013
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	7
Counsel for the Appellant:	No appearance
Solicitor for the Respondents:	Ms G O’Connor, Clayton Utz Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 641 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

BZACO
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GREENWOOD J
DATE OF ORDER:	7 MARCH 2013
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The appeal is dismissed by reason of the appellant’s failure to appear at the hearing of the appeal. 

2.The appellant pay the costs of the first respondent of and incidental to the appeal.   

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 641 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

BZACO
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GREENWOOD J
DATE:	7 MARCH 2013
PLACE:	BRISBANE

EX TEMPORE REASONS FOR JUDGMENT

1. This is an appeal which has been set down for hearing today.  The matter was listed for hearing on 7 March 2013 at 10.15am.  The appellant has not appeared and had not appeared by 10.15am.  The Court allowed a further 15 minutes to elapse before listing or opening the Court for the hearing of the appeal. 

2. Ultimately the matter was called on for hearing at 10.37am.  The appellant was called outside the Court and there has been no appearance.  The first respondent to the proceedings seeks an order that the appeal be dismissed by reason of the appellant’s failure to appear to prosecute the appeal. 

3. The appellant was given notice on 11 December 2012 of the listing of the matter to be heard on the nominated date.  That notification letter was dated 11 December 2012. 

4. Apart from that, a further letter was written by the Federal Court of Australia to the appellant on 15 January 2013 reminding the appellant of the listing of the hearing of the appeal for 7 March 2013 at 10.15 am. 

5. The appellant has failed to appear today.  An interpreter who has been retained to provide assistance to the appellant is in Court today.  However, the appellant has not appeared. 

6. I dismiss the appeal by reason of the appellant’s failure to appear to prosecute the appeal. 

7. I order the appellant to pay the costs of the first respondent of and incidental to the appeal. 

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

Associate:

Dated:       7 March 2012