FEDERAL COURT OF AUSTRALIA SZQSA v Minister for Immigration and Citizenship [2012] FCA 1037 Citation: SZQSA v Minister for Immigration and Citizenship [2012] FCA 1037 Appeal from: SZQSA v Minister for Immigration & Anor [2012] FMCA 328 Parties: SZQSA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL File number: NSD 642 of 2012 Judge: LOGAN J Date of judgment: 17 August 2012 Legislation: Federal Court Rules r 36.75 Date of hearing: 17 August 2012 Place: Sydney Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 4 Counsel for the Appellant: The Appellant did not appear Counsel for the Respondents: Mr B Kaplan Solicitor for the Respondents: Sparke Helmore IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 642 of 2012 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZQSA Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: LOGAN J DATE OF ORDER: 17 AUGUST 2012 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to pay the first respondent's costs of and incidental to the appeal, to be taxed if not 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 642 of 2012 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZQSA Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: LOGAN J DATE: 17 AUGUST 2012 PLACE: SYDNEY REASONS FOR JUDGMENT 1 In respect of this matter, which was listed for hearing at 10.15am today, I delayed coming in for a short time on the basis that it may have been the case that the appellant had been delayed, and on the understanding that she had in the past experienced difficulty in identifying the correct building at which to attend when the proceeding was before the Federal Magistrates Court. When I came into court, there was no appearance for the appellant and neither was the appellant present in person. I then adjourned the proceeding until 10.45am. 2 Upon resuming at 10.45am, the appellant's name was called three times at the door of the Court. There was no appearance by or on her behalf. In these circumstances, the Minister for Immigration and Citizenship made application for the appeal to be dismissed pursuant to r 36.75 of the Federal Court Rules. The factual basis for that application is engaged. 3 I also record that, during the interval between my first coming in and resuming at 10.45am, an endeavour was made by a registry officer to contact the appellant at a telephone number which she had provided. That endeavour proved fruitless with the number, when phoned, ringing out. 4 In these circumstances, the appropriate orders are: 1. The appeal is dismissed. 2. The appellant is to pay the first respondent's costs of and incidental to the appeal, to be taxed if not agreed. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan. Associate: Dated: 19 September 2012