HZAAD v Minister for Immigration and Citizenship

[2011] FCA 1350

FEDERAL COURT OF AUSTRALIA

HZAAD v Minister for Immigration and Citizenship [2011] FCA 1350

Citation:		HZAAD v Minister for Immigration and Citizenship [2011] FCA 1350
Appeal from:		HZAAD v Minister for Immigration and Citizenship & Anor [2011] FMCA 653
Parties:		HZAAD v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		TAD 56 of 2011
Judge:		MARSHALL J
Date of judgment:		25 November 2011
Legislation:		Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)
Date of hearing:	25 November 2011
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Appellant:		The Appellant did not appear
Counsel for the First Respondent:		Mr D Wilson
Solicitor for the First Respondent:		Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY
GENERAL DIVISION	TAD 56 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

HZAAD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MARSHALL J
DATE OF ORDER:	25 NOVEMBER 2011
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal is dismissed.

2.The appellant pay the first respondent’s costs of the appeal, to be taxed in default of agreement.

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

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY
GENERAL DIVISION	TAD 56 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

HZAAD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MARSHALL J
DATE:	25 NOVEMBER 2011
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The appellant appeals from a decision of the Federal Magistrates Court of Australia given on 19 August 2011.

2. Upon the matter being called on for hearing, the appellant has not appeared.

3. Mr D Wilson, counsel for the respondent Minister, asks that I dismiss the appeal under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), and I see no reason not to accede to his request.

4. Accordingly, the appeal will be dismissed with costs to be taxed in default of agreement.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate:

Dated:       25 November 2011