SZQXP v Minister for Immigration and Citizenship

[2012] FCA 1029

FEDERAL COURT OF AUSTRALIA

SZQXP v Minister for Immigration and Citizenship [2012] FCA 1029

Citation:

SZQXP v Minister for Immigration and Citizenship [2012] FCA 1029

Parties:

SZQXP v MINISTER FOR IMMIGRATION AND CITIZENSHIP

SZQXQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP

File numbers:

NSD 694 of 2012
NSD 831 of 2012

Judge:

PERRAM J

Date of judgment:

18 September 2012

Catchwords:

PRACTICE AND PROCEDURE – Appeals – application to dismiss applications for leave to appeal for failure to attend directions hearing – consideration of surrounding circumstances

Legislation:

Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)

Cases cited:

SZOAU v Minister for Immigration and Citizenship [2012] HCATrans 190 cited
SZOAU v Minister for Immigration and Citizenship (2012) 199 FCR 448 cited

Date of hearing:

18 September 2012

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

3

Counsel for the Applicants:

The applicants did not appear

Counsel for the Respondent:

R White

Solicitor for the Respondent:

Sparke Helmore

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 694 of 2012

BETWEEN: SZQXP
Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	18 SEPTEMBER 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth).

2.The applicant pay the 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 831 of 2012

BETWEEN:	SZQXQ Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	18 SEPTEMBER 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth).

2.The applicant pay the 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 694 of 2012

BETWEEN:	SZQXP Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 831 of 2012

BETWEEN:	SZQXQ Applicant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	PERRAM J
DATE:	18 SEPTEMBER 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In matters NSD 694 of 2012 and NSD 831 of 2012, I dismiss the applications for leave to appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) on the basis that the applicants have failed to attend a hearing relating to the appeal.

2. I take the unusual step of doing that at a directions hearing in view of the recent decision of the Full Court in SZOAU v Minister for Immigration and Citizenship (2012) 199 FCR 448 to the effect that applicants for refugee status from North Korea are entitled as a matter of law, by reason of nationality, to residency in South Korea and the recent refusal of the High Court to grant special leave from that decision: SZOAU v Minister for Immigration and Citizenship [2012] HCATrans 190. In those circumstances, the applications are doomed to fail, and the non-appearance this morning more than provides a sufficient basis for dismissing the proceedings.

3. I order the applicants in both NSD 694 of 2012 and NSD 831 of 2012 pay the respondent’s costs of the application for leave to appeal.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perram.

Associate:

Dated:       20 September 2012