SZQFV v Minister for Immigration and Citizenship

[2012] FCA 303

FEDERAL COURT OF AUSTRALIA

SZQFV v Minister for Immigration and Citizenship [2012] FCA 303

Citation:		SZQFV v Minister for Immigration and Citizenship [2012] FCA 303
Appeal from:		SZQFV & Anor v Minister for Immigration & Anor [2011] FMCA 927
Parties:		SZQFV and SZQFW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		NSD 2098 of 2011
Judge:		NORTH J
Date of judgment:		21 February 2012
Date of hearing:	21 February 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Appellants:	There was no appearance by the Appellants
Solicitor for the Respondents:	Ms L Weston of Minter Ellison

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 2098 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQFV
First Appellant

SZQFW
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	NORTH J
DATE OF ORDER:	21 FEBRUARY 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is 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
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 2098 of 2011

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQFV
First Appellant

SZQFW
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	NORTH J
DATE:	21 FEBRUARY 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The first respondent applies pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) for an order that the appeal be dismissed in the absence of the appellants.

2. In support of this application, Ms Weston, who appeared on behalf of the first respondent, tendered a copy of a letter dated 13 February 2012 addressed to the appellants notifying them of the date, time and place of the hearing. 

3. Yesterday the first appellant faxed to the Court a letter dated 20 February 2012 in which he requested a telephone appearance on account of injury to his left hand finger. Upon receipt of this correspondence, my associate and an official of the Court contacted the first appellant on the phone number recorded in that communication and spoke to him in relation to the appeal.  He was told that his request was refused and that he was required to appear in person at the appeal.  The first appellant’s letter and his subsequent conversations with Court staff indicate his knowledge that the appeal was to proceed today.

4. In those circumstances, it is appropriate to make an order under r 36.75(1)(a)(i) of the Rules that the appeal be dismissed with costs.

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

Associate:

Dated:       27 March 2012