FEDERAL COURT OF AUSTRALIA SZQFV v Minister for Immigration and Citizenship [2012] FCA 303 Citation: SZQFV v Minister for Immigration and Citizenship [2012] FCA 303 Appeal from: SZQFV & Anor v Minister for Immigration & Anor [2011] FMCA 927 Parties: SZQFV and SZQFW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL File number: NSD 2098 of 2011 Judge: NORTH J Date of judgment: 21 February 2012 Date of hearing: 21 February 2012 Place: Sydney Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 4 Counsel for the Appellants: There was no appearance by the Appellants Solicitor for the Respondents: Ms L Weston of Minter Ellison IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2098 of 2011 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZQFV First Appellant SZQFW Second Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: NORTH J DATE OF ORDER: 21 FEBRUARY 2012 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The appeal is dismissed with 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 2098 of 2011 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZQFV First Appellant SZQFW Second Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: NORTH J DATE: 21 FEBRUARY 2012 PLACE: SYDNEY REASONS FOR JUDGMENT 1 The first respondent applies pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) for an order that the appeal be dismissed in the absence of the appellants. 2 In support of this application, Ms Weston, who appeared on behalf of the first respondent, tendered a copy of a letter dated 13 February 2012 addressed to the appellants notifying them of the date, time and place of the hearing. 3 Yesterday the first appellant faxed to the Court a letter dated 20 February 2012 in which he requested a telephone appearance on account of injury to his left hand finger. Upon receipt of this correspondence, my associate and an official of the Court contacted the first appellant on the phone number recorded in that communication and spoke to him in relation to the appeal. He was told that his request was refused and that he was required to appear in person at the appeal. The first appellant's letter and his subsequent conversations with Court staff indicate his knowledge that the appeal was to proceed today. 4 In those circumstances, it is appropriate to make an order under r 36.75(1)(a)(i) of the Rules that the appeal be dismissed with costs. 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: 27 March 2012