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