FEDERAL COURT OF AUSTRALIA

SZNEQ v Minister for Immigration and Citizenship [2010] FCA 1003

THE COURT ORDERS THAT:

1.     The appeal be dismissed by reason of failure of the appellant to attend a hearing relating to the appeal.

2.     The appellant pay the first respondent’s costs of the appeal.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

REASONS FOR JUDGMENT

1                                             This appeal has been listed for hearing this morning.  When it was called on, counsel for the first respondent, the Minister for Immigration and Citizenship, announced an appearance on behalf of the first respondent.  The second respondent, the Refugee Review Tribunal, has entered a submitting appearance.  There was no appearance by or on behalf of the appellant.  The name of the appellant was called outside the courtroom, but he did not respond to that call.

2                                             There might be a substantial reason why the appellant has failed to attend the hearing.  Counsel for the first respondent has drawn to my attention that, although the appellant has failed to file any submissions in this Court, he did file material, and participate in the hearing, in his proceeding in the Federal Magistrates Court of Australia, from the judgment in which the appeal is brought.

3                                             Counsel for the first respondent has suggested that I dismiss the appeal on the merits, on the basis that the appellant has no reasonable prospects of success.  The first respondent has not made a formal application to the Court to have the appeal dismissed on that basis.

4                                             It seems to me that I ought to preserve the right of the appellant to make submissions in support of his appeal, if in fact he has not chosen to absent himself today, but has been prevented by circumstances beyond his control from doing so.  Accordingly, the basis on which I propose to dismiss the appeal is that for which s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) provides, namely the failure of the appellant to attend a hearing relating to the appeal.  There does not appear to be any possibility that the appellant would be able to resist the application of counsel for the Minister for an order that the appellant pay the Minister’s costs of the proceeding.

5                                             The orders I make are as follows:

1.     The appeal be dismissed by reason of failure of the appellant to attend a hearing relating to the appeal.

2.     The appellant pay the first respondent’s costs of the appeal.

Associate:

Dated:         10 September 2010