FEDERAL COURT OF AUSTRALIA MZZZC v Minister for Immigration and Border Protection [2015] FCA 127 Citation: MZZZC v Minister for Immigration and Border Protection [2015] FCA 127 Appeal from: MZZZC v Minister for Immigration & Anor [2014] FCCA 1988 Parties: MZZZC v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL File number: VID 495 of 2014 Judge: MIDDLETON J Date of judgment: 23 February 2015 Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Date of hearing: 23 February 2015 Place: Melbourne Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 3 Counsel for the Appellant: The Appellant did not appear Counsel for the Respondents: Mr L Brown Solicitor for the Respondents: Clayton Utz IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 495 of 2014 ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA BETWEEN: MZZZC Appellant AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: MIDDLETON J DATE OF ORDER: 23 FEBRUARY 2015 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The appeal be dismissed with costs. 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 495 of 2014 ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA BETWEEN: MZZZC Appellant AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent JUDGE: MIDDLETON J DATE: 23 FEBRUARY 2015 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 This appeal was called on for hearing and there was no appearance by the Appellant. I am satisfied that the Appellant was aware that the appeal would be on for hearing at 2.15 pm on 23 February 2015 before me as stated in the Daily List. In addition, an unsuccessful attempt has been made to contact the Appellant on the mobile number that was provided to the First Respondent by the Appellant. 2 In these circumstances, it is appropriate, pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), that the appeal be dismissed. I propose to order that the appeal to be dismissed with costs. 3 I should indicate that, as this is an order made in the absence of the Appellant, the Appellant can seek to reinstate the appeal upon the filing and serving of appropriate material. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton. Associate: Dated: 26 February 2015