MZWAE v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 953

FEDERAL COURT OF AUSTRALIA

MZWAE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 953

MZWAE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

VID 1568 OF 2004

NORTH J
20 JUNE 2005
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID1568 OF 2004

BETWEEN:	MZWAE APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	NORTH J
DATE OF ORDER:	20 JUNE 2005
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.        The appeal is dismissed.

2.        The appellant is to pay the respondent’s costs of the appeal.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID1568 OF 2004

BETWEEN:	MZWAE APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	NORTH J
DATE:	20 JUNE 2005
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. Before the Court is an appeal from a decision of the Federal Magistrates Court delivered on 2 December 2004. The Federal Magistrate dismissed an application for review of a decision of the Refugee Review Tribunal (the Tribunal). The decision of the Tribunal was made on 24 September 2003. The Tribunal affirmed the decision of the delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, not to grant a protection visa to the appellant. This appeal was heard by a single judge of the Court pursuant to a determination made by the Chief Justice under s 25(1A) of the Federal Court of Australia Act 1976 (Cth) on 16 February 2005.

2. There is no appearance before the Court for the appellant.  I am satisfied on the material before the Court that the appellant has had notice of the hearing of the appeal.  The notice of listing was sent, and apparently not returned, addressed to the appellant at the address of 1/118 Moreland Road, Brunswick, Victoria 3056.  A copy of the notice on the Court file indicates that it was sent on 29 April 2005 and it designated today at 10.15am as the date and time of hearing.

3. The address corresponds with the address on a letter received by the respondent’s solicitor from the appellant on 4 April 2005, enclosing the appellant’s outline of submission. The appellant has been called outside the Court. He has also been sought outside Court 8B, where the matter was to be heard originally. It is therefore appropriate to exercise the power given under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal for failure of the appellant to attend the hearing of the appeal.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:            11 July 2005

The appellant did not appear.
Counsel for the Respondent:	W S Mosley
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	20 June 2005
Date of Judgment:	20 June 2005