SZQWA v Minister for Immigration and Citizenship

[2012] FCA 1327

FEDERAL COURT OF AUSTRALIA

SZQWA v Minister for Immigration and Citizenship [2012] FCA 1327

Citation:		SZQWA v Minister for Immigration and Citizenship [2012] FCA 1327
Appeal from:		SZQWA v Minister for Immigration & Citizenship [2012] FMCA 694
Parties:		SZQWA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		NSD 1128 of 2012
Judge:		NORTH J
Date of judgment:		13 November 2012
Date of hearing:	13 November 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Counsel for the Appellant:	The Appellant did not appear
Solicitor for the Respondents:	Mr R O'Shannessy of Minter Ellison Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1128 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQWA
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	NORTH J
DATE OF ORDER:	13 NOVEMBER 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 the appeal.

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 1128 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQWA
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	NORTH J
DATE:	13 NOVEMBER 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Before the Court is an appeal which was commenced by a notice of appeal filed on 10 August 2012.  When the appeal was called on for hearing this morning, the appellant was called and has not appeared. 

2. The address and phone number of the appellant appear on the notice of appeal.  Mr O’Shannessy, who appeared on behalf of the first respondent, attempted to phone the appellant at the phone number given on the notice of appeal and was met by a recorded message saying that the phone number had been disconnected.  On the Court file appears a copy of a notice of listing which, in the usual course, is sent to the parties.  That notice appears to have been sent to the address stated on the notice of appeal.  Mr O’Shannessy also told the Court that on 6 November 2012, the first respondent’s solicitors sent to the appellant the first respondent’s submissions to that address.

3. The Court is satisfied, therefore, on the present state of the evidence, that the appellant was notified of today’s hearing date, both by the notice of listing sent by the Court, and also by the letter which was sent by the first respondent’s solicitors. Rule 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) provides that:

   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. The requirements of that rule have been satisfied in this case and consequently the Court orders that the appeal be dismissed and that the appellant to pay the first respondent’s costs of the appeal.

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:        26 November 2012