FEDERAL COURT OF AUSTRALIA
SZQWA v Minister for Immigration and Citizenship [2012] FCA 1327
IN THE FEDERAL COURT OF AUSTRALIA | |
| Appellant | |
AND: | MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
2. The appellant is to 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.
NEW SOUTH WALES DISTRICT REGISTRY | |
GENERAL DIVISION | NSD 1128 of 2012 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
BETWEEN: | SZQWA Appellant
|
AND: | MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent
|
JUDGE: | NORTH J |
DATE: | 13 NOVEMBER 2012 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 Before the Court is an appeal which was commenced by a notice of appeal filed on 10 August 2012. When the appeal was called on for hearing this morning, the appellant was called and has not appeared.
2 The address and phone number of the appellant appear on the notice of appeal. Mr O’Shannessy, who appeared on behalf of the first respondent, attempted to phone the appellant at the phone number given on the notice of appeal and was met by a recorded message saying that the phone number had been disconnected. On the Court file appears a copy of a notice of listing which, in the usual course, is sent to the parties. That notice appears to have been sent to the address stated on the notice of appeal. Mr O’Shannessy also told the Court that on 6 November 2012, the first respondent’s solicitors sent to the appellant the first respondent’s submissions to that address.
3 The Court is satisfied, therefore, on the present state of the evidence, that the appellant was notified of today’s hearing date, both by the notice of listing sent by the Court, and also by the letter which was sent by the first respondent’s solicitors. Rule 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) provides that:
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 The requirements of that rule have been satisfied in this case and consequently the Court orders that the appeal be dismissed and that the appellant to 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 North. |
Associate:
