FEDERAL COURT OF AUSTRALIA SZQIJ v Minister for Immigration and Citizenship [2012] FCA 429 Citation: SZQIJ v Minister for Immigration and Citizenship [2012] FCA 429 Appeal from: SZQIJ & Anor v Minister for Immigration and Citizenship & Anor [2012] FMCA 63 Parties: SZQIJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL File number: NSD 319 of 2012 Judge: ROBERTSON J Date of judgment: 1 May 2012 Catchwords: MIGRATION – dismissal pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011. Legislation: Federal Court Rules 2011 r 36.75(1)(a)(i) Date of hearing: 1 May 2012 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 4 Counsel for the Appellant: The Appellant did not appear Solicitor for the First Respondent Ms J Reardon of Minter Ellison Lawyers Counsel for the Second Respondent The Second Respondent did not appear IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 319 of 2012 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZQIJ Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: ROBERTSON J DATE OF ORDER: 1 MAY 2012 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The appeal be dismissed pursuant to r 36.75(1)(a) of the Federal Court Rules 2011. 2. The appellant pay the first 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 319 of 2012 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZQIJ Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: ROBERTSON J DATE: 1 MAY 2012 PLACE: SYDNEY REASONS FOR JUDGMENT 1 When this appeal was called on for hearing this morning at 10.30 am, having allowed 15 minutes from the time fixed for the hearing of the appeal at 10.15 am, there was no appearance by the appellant. 2 I have admitted into evidence two pieces of correspondence: a letter dated 30 March 2012 from the Court to the appellant and a letter from the first respondent's solicitors to the appellant dated 23 April 2012, each of which notifies the appellant that the matter is listed for hearing today at 10.15 am. I also asked the Court Officer, Mr Walker, whether he had made any enquiries as to the appearance of the appellant. Because there was a question that an earlier notice to the parties had specified a court on level 21, Mr Walker told me that he had been to level 21 at 10.15 am and called the matter there and also at 10.30 am. Also, the matter was called at level 19 at 10.30 am. There was no appearance. 3 The first respondent moved for an order under the Federal Court Rules 2011 Part 36 rule 36.75(1)(a) which provides: (1) 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 In the circumstances of the present case, which I have outlined, in my view that is an appropriate order to be made. I order that the appeal be dismissed and that the appellant pay the first respondent's costs. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Robertson. Associate: Dated: 1 May 2012