MZZZC v Minister for Immigration and Border Protection

[2015] FCA 127

FEDERAL COURT OF AUSTRALIA

MZZZC v Minister for Immigration and Border Protection [2015] FCA 127

Citation:	MZZZC v Minister for Immigration and Border Protection [2015] FCA 127
Appeal from:	MZZZC v Minister for Immigration & Anor [2014] FCCA 1988
Parties:	MZZZC v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number:	VID 495 of 2014
Judge:	MIDDLETON J
Date of judgment:	23 February 2015
Legislation:	Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Date of hearing:	23 February 2015
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	3
Counsel for the Appellant:	The Appellant did not appear
Counsel for the Respondents:	Mr L Brown
Solicitor for the Respondents:	Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 495 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

MZZZC
Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	23 FEBRUARY 2015
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 495 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

MZZZC
Appellant

AND:

MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MIDDLETON J
DATE:	23 FEBRUARY 2015
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This appeal was called on for hearing and there was no appearance by the Appellant.  I am satisfied that the Appellant was aware that the appeal would be on for hearing at 2.15 pm on 23 February 2015 before me as stated in the Daily List.  In addition, an unsuccessful attempt has been made to contact the Appellant on the mobile number that was provided to the First Respondent by the Appellant. 

2. In these circumstances, it is appropriate, pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), that the appeal be dismissed. I propose to order that the appeal to be dismissed with costs.

3. I should indicate that, as this is an order made in the absence of the Appellant, the Appellant can seek to reinstate the appeal upon the filing and serving of appropriate material. 

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

Associate: 

Dated:        26 February 2015