SZQIJ v Minister for Immigration and Citizenship

[2012] FCA 429

FEDERAL COURT OF AUSTRALIA

SZQIJ v Minister for Immigration and Citizenship [2012] FCA 429

Citation:		SZQIJ v Minister for Immigration and Citizenship [2012] FCA 429
Appeal from:		SZQIJ & Anor v Minister for Immigration and Citizenship & Anor [2012] FMCA 63
Parties:		SZQIJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		NSD 319 of 2012
Judge:		ROBERTSON J
Date of judgment:		1 May 2012
Catchwords:		MIGRATION – dismissal pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011.
Legislation:		Federal Court Rules 2011 r 36.75(1)(a)(i)
Date of hearing:	1 May 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	4
Counsel for the Appellant:	The Appellant did not appear
Solicitor for the First Respondent	Ms J Reardon of Minter Ellison Lawyers
Counsel for the Second Respondent	The Second Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 319 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZQIJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	ROBERTSON J
DATE OF ORDER:	1 MAY 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed pursuant to r 36.75(1)(a) of the Federal Court Rules 2011.

2.The appellant pay the first respondent’s 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 319 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZQIJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	ROBERTSON J
DATE:	1 MAY 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. When this appeal was called on for hearing this morning at 10.30 am, having allowed 15 minutes from the time fixed for the hearing of the appeal at 10.15 am, there was no appearance by the appellant.

2. I have admitted into evidence two pieces of correspondence: a letter dated 30 March 2012 from the Court to the appellant and a letter from the first respondent’s solicitors to the appellant dated 23 April 2012, each of which notifies the appellant that the matter is listed for hearing today at 10.15 am. I also asked the Court Officer, Mr Walker, whether he had made any enquiries as to the appearance of the appellant. Because there was a question that an earlier notice to the parties had specified a court on level 21, Mr Walker told me that he had been to level 21 at 10.15 am and called the matter there and also at 10.30 am. Also, the matter was called at level 19 at 10.30 am. There was no appearance.

3. The first respondent moved for an order under the Federal Court Rules 2011 Part 36 rule 36.75(1)(a) which provides:

   (1) If a party is absent when an appeal is called on for hearing, the opposing party may apply to the Court for an order that:

   (a) if the absent party is the appellant:

   (i) the appeal be dismissed
   …

4. In the circumstances of the present case, which I have outlined, in my view that is an appropriate order to be made. I order that the appeal be dismissed and that the appellant pay the first respondent’s costs.

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

Associate:

Dated:       1 May 2012