SZQWU v Minister for Immigration and Citizenship

[2012] FCA 1239

FEDERAL COURT OF AUSTRALIA

SZQWU v Minister for Immigration and Citizenship [2012] FCA 1239

Citation:		SZQWU v Minister for Immigration and Citizenship [2012] FCA 1239
Appeal from:		SZQWU v Minister for Immigration [2012] FMCA 514
Parties:		SZQWU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		NSD 891 of 2012
Judge:		YATES J
Date of judgment:		8 November 2012
Legislation:		Federal Court Rules 2011 r 36.75
Date of hearing:	8 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 First Respondent:	Mr R Baird of Clayton Utz
Solicitor for the Second Respondent:	Submitting appearance

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 891 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQWU
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	YATES J
DATE OF ORDER:	8 NOVEMBER 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed, with costs.

Note:    Settlement and 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 891 of 2012

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZQWU
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	YATES J
DATE:	8 NOVEMBER 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

1. The hearing of this appeal was appointed for 10.15 am this morning.  At that time there was no appearance by the appellant, notwithstanding that the matter had been called outside the Court. 

2. I stood the matter down for a short period of time to cater for the possibility that the appellant may be near the precincts of the Court and able to attend his appeal.  The matter was called again at 10.33 am.  There was still no appearance by the appellant. 

3. In between the time when the matter was first called and the time when it was called again, inquiries have been made as to whether the appellant was at the Court Registry or elsewhere within the Court building.  The appellant could not be located. 

4. The Minister, in those circumstances, makes an application pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 that the appeal be dismissed.  I grant that application.

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

Associate:

Dated:        8 November 2012