FEDERAL COURT OF AUSTRALIA

SZQIJ v Minister for Immigration and Citizenship [2012] FCA 429

THE COURT ORDERS THAT:

1.    The appeal be dismissed pursuant to r 36.75(1)(a) of the Federal Court Rules 2011.

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

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

REASONS FOR JUDGMENT

1    When this appeal was called on for hearing this morning at 10.30 am, having allowed 15 minutes from the time fixed for the hearing of the appeal at 10.15 am, there was no appearance by the appellant.

2    I have admitted into evidence two pieces of correspondence: a letter dated 30 March 2012 from the Court to the appellant and a letter from the first respondent’s solicitors to the appellant dated 23 April 2012, each of which notifies the appellant that the matter is listed for hearing today at 10.15 am. I also asked the Court Officer, Mr Walker, whether he had made any enquiries as to the appearance of the appellant. Because there was a question that an earlier notice to the parties had specified a court on level 21, Mr Walker told me that he had been to level 21 at 10.15 am and called the matter there and also at 10.30 am. Also, the matter was called at level 19 at 10.30 am. There was no appearance.

3    The first respondent moved for an order under the Federal Court Rules 2011 Part 36 rule 36.75(1)(a) which provides:

(1) If a party is absent when an appeal is called on for hearing, the opposing party may apply to the Court for an order that:

(a) if the absent party is the appellant:

(i) the appeal be dismissed

…

4    In the circumstances of the present case, which I have outlined, in my view that is an appropriate order to be made. I order that the appeal be dismissed and that the appellant pay the first respondent’s costs.

Associate:

Dated:    1 May 2012