SZQSA v Minister for Immigration and Citizenship

[2012] FCA 1037

FEDERAL COURT OF AUSTRALIA

SZQSA v Minister for Immigration and Citizenship [2012] FCA 1037

Citation:		SZQSA v Minister for Immigration and Citizenship [2012] FCA 1037
Appeal from:		SZQSA v Minister for Immigration & Anor [2012] FMCA 328
Parties:		SZQSA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		NSD 642 of 2012
Judge:		LOGAN J
Date of judgment:		17 August 2012
Legislation:		Federal Court Rules r 36.75
Date of hearing:	17 August 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Appellant:	The Appellant did not appear
Counsel for the Respondents:	Mr B Kaplan
Solicitor for the Respondents:	Sparke Helmore

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 642 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQSA
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	17 AUGUST 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is dismissed.

2.The appellant is to pay the first respondent’s costs of and incidental to the appeal, to be taxed if not agreed.

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 642 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQSA
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE:	17 AUGUST 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In respect of this matter, which was listed for hearing at 10.15am today, I delayed coming in for a short time on the basis that it may have been the case that the appellant had been delayed, and on the understanding that she had in the past experienced difficulty in identifying the correct building at which to attend when the proceeding was before the Federal Magistrates Court.  When I came into court, there was no appearance for the appellant and neither was the appellant present in person.  I then adjourned the proceeding until 10.45am.

2. Upon resuming at 10.45am, the appellant’s name was called three times at the door of the Court.  There was no appearance by or on her behalf.  In these circumstances, the Minister for Immigration and Citizenship made application for the appeal to be dismissed pursuant to r 36.75 of the Federal Court Rules.  The factual basis for that application is engaged. 

3. I also record that, during the interval between my first coming in and resuming at 10.45am, an endeavour was made by a registry officer to contact the appellant at a telephone number which she had provided.  That endeavour proved fruitless with the number, when phoned, ringing out.

4. In these circumstances, the appropriate orders are:

   1.The appeal is dismissed.

   2.The appellant is to pay the first respondent’s costs of and incidental to the appeal, to be taxed if not agreed. 

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

Associate:

Dated:       19 September 2012