FEDERAL COURT OF AUSTRALIA MZYZB v Minister for Immigration and Citizenship [2013] FCA 510 Citation: MZYZB v Minister for Immigration and Citizenship [2013] FCA 510 Appeal from: MZYZB v Minister for Immigration and Citizenship [2012] FMCA 1257 Parties: MZYZB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL File number: VID 1132 of 2012 Judge: BROMBERG J Date of judgment: 1 May 2013 Legislation: Federal Court Rules 2011 r 36.75 Cases cited: Al Mamun v Minister for Immigration and Citizenship [2011] FCA 1394 Date of hearing: 1 May 2013 Place: Melbourne Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 4 Counsel for the Appellant: The Appellant did not appear Counsel for the First Respondent: Mr R Watters Solicitor for the First Respondent: Australian Government Solicitor IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1132 of 2012 ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA BETWEEN: MZYZB Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: BROMBERG J DATE OF ORDER: 1 MAY 2013 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1132 of 2012 ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA BETWEEN: MZYZB Appellant AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: BROMBERG J DATE: 1 MAY 2013 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 The appellant appeals from an order of the Federal Magistrates Court of Australia (now known as the Federal Circuit Court of Australia) made on 10 December 2012 which dismissed the appellant's application for judicial review of a decision of the Refugee Review Tribunal. 2 The appeal was called on this morning but there was no attendance by the appellant. I am satisfied on the basis of the material on the Court file and also the affidavit of Christopher Michael McDermott relied upon by the first respondent, that the appellant has been notified of today's hearing. 3 The first respondent has applied pursuant to r 36.75 of the Federal Court Rules 2011 for an order that the appeal be dismissed by reason of the absence of the appellant. I see no reason such an order ought not be granted on the basis that the interests of justice will thereby be served: Al Mamun v Minister for Immigration and Citizenship [2011] FCA 1394 at [12]-[13] (Gray J). 4 The Court will make the following orders: 1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Bromberg. Associate: Dated: 31 May 2013