SZRTY v Minister for Immigration and Border Protection
[2013] FCA 1170
•6 November 2013
FEDERAL COURT OF AUSTRALIA
SZRTY v Minister for Immigration and Border Protection [2013] FCA 1170
Citation: SZRTY v Minister for Immigration and Border Protection [2013] FCA 1170 Appeal from: SZRTY v Minister for Immigration and Citizenship [2013] FCCA 696 Parties: SZRTY v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL File number: NSD 1298 of 2013 Judge: FOSTER J Date of judgment: 6 November 2013 Legislation: Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb)(i) and (ii) Cases cited: SZRTY v Minister for Immigration and Citizenship [2013] FCCA 696 related Date of hearing: 6 November 2013 Place: Sydney Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 7 Solicitor for the Appellant: The Appellant did not appear Solicitor for the First Respondent: Mr R White of Sparke Helmore Solicitor for the Second Respondent: The Second Respondent submitted save as to costs
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1298 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: SZRTY
AppellantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
FOSTER J
DATE OF ORDER:
6 NOVEMBER 2013
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The name of the first respondent be changed from “Minister for Immigration and Citizenship” to “Minister for Immigration and Border Protection”.
2.Pursuant to s 25(2B)(bb)(i) and (ii) of the Federal Court of Australia Act 1976 (Cth), the appeal be dismissed.
3.The appellant pay the first respondent’s costs of and incidental to the appeal, as taxed or 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 1298 of 2013
ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA
BETWEEN: SZRTY
AppellantAND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
First RespondentREFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE:
FOSTER J
DATE:
6 NOVEMBER 2013
PLACE:
SYDNEY
REASONS FOR JUDGMENT
By Notice of Appeal filed in this Court on 8 July 2013, the appellant appealed from a decision of the Federal Circuit Court of Australia made on 21 June 2013 (SZRTY v Minister for Immigration and Citizenship [2013] FCCA 696).
On 9 July 2013, a Registrar of this Court made the usual directions designed to ready the appellant’s appeal for hearing. One of the directions made on that occasion was that the appeal be listed for hearing on a date to be fixed during the sitting period 4 to 29 November 2013 unless the Court should advise that the appeal would be heard on a different date. In addition, the Registrar ordered that the appellant file and serve a written outline of submissions no later than ten (10) business days before the hearing date, unless otherwise directed.
By letter sent on 22 August 2013, the Court notified the appellant that his appeal was fixed for hearing before me at 10.15 am this morning (6 November 2013). The matter has been called twice outside the courtroom this morning, once shortly after 10.15 am and a second time at 10.40 am. There was no appearance at either time by or on behalf of the appellant.
The first respondent (the Minister) has filed a Written Submission which addresses all of the specified grounds raised by the appellant in his Notice of Appeal. I have read and considered those Submissions as well as all of the material in the Appeal Book.
For reasons which I need not now explain in any detail, upon the basis of that material, I consider that the appellant’s appeal is hopeless.
In the circumstances, the legal representative of the Minister has sought an order that I dismiss the appeal pursuant to s 25(2B)(bb)(i) and (ii) of the Federal Court of Australia Act 1976 (Cth) for the reason that the appellant has failed to attend at the hearing and failed to comply with the directions of the Registrar by neglecting to lodge any Written Submission.
Accordingly, I order that:
(1)The name of the first respondent be changed from “Minister for Immigration and Citizenship” to “Minister for Immigration and Border Protection”.
(2)Pursuant to s 25(2B)(bb)(i) and (ii) of the Federal Court of Australia Act 1976 (Cth), the appeal be dismissed.
(3)The appellant pay the first respondent’s costs of and incidental to the appeal, as taxed or agreed.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Foster. Associate:
Dated: 12 November 2013
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