FEDERAL COURT OF AUSTRALIA

MZYZB v Minister for Immigration and Citizenship [2013] FCA 510

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.

REASONS FOR JUDGMENT

1    The appellant appeals from an order of the Federal Magistrates Court of Australia (now known as the Federal Circuit Court of Australia) made on 10 December 2012 which dismissed the appellant’s application for judicial review of a decision of the Refugee Review Tribunal.

2    The appeal was called on this morning but there was no attendance by the appellant. I am satisfied on the basis of the material on the Court file and also the affidavit of Christopher Michael McDermott relied upon by the first respondent, that the appellant has been notified of today’s hearing.

3    The first respondent has applied pursuant to r 36.75 of the Federal Court Rules 2011 for an order that the appeal be dismissed by reason of the absence of the appellant. I see no reason such an order ought not be granted 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).

4    The Court will make the following orders:

1.    The appeal be dismissed.

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

Associate:

Dated:    31 May 2013