FEDERAL COURT OF AUSTRALIA MZZAE v Minister for Immigration and Citizenship [2013] FCA 511 Citation: MZZAE v Minister for Immigration and Citizenship [2013] FCA 511 Appeal from: MZZAE v Minister for Immigration and Citizenship [2012] FMCA 1250 Parties: MZZAE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL File number: VID 6 of 2013 Judge: BROMBERG J Date of judgment: 1 May 2013 Legislation: Federal Court Rules 2011 r 36.75 Cases cited: MZZAE v Minister for Immigration and Citizenship [2012] FMCA 1250 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: 5 Counsel for the Appellant: The Appellant did not appear Solicitor for the First Respondent: Ms K Whittemore of Sparke Helmore IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 6 of 2013 ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA BETWEEN: MZZAE 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 6 of 2013 ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA BETWEEN: MZZAE 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 This is an appeal from a judgment of the Federal Magistrates Court (now called the Federal Circuit Court of Australia) published as MZZAE v Minister for Immigration and Citizenship [2012] FMCA 1250, in which the primary judge dismissed the appellant's application for judicial review. 2 The primary judge reviewed a decision of the Refugee Review Tribunal which affirmed the decision of a delegate of the first respondent not to grant the appellant a Protection (Class XA) visa. 3 When the appeal was called on for hearing this afternoon the appellant did not appear. I am satisfied on the material provided by Counsel for the first respondent that a notice of the hearing and other communications advising of the time and place of the hearing were provided to the appellant. 4 The first respondent has applied pursuant to r 36.75 of the Federal Court Rules 2011 for an order that in the absence of the appellant the appeal be dismissed. I am prepared to make that order 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). 5 The Court will make orders that: 1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Bromberg. Associate: Dated: 31 May 2013