FEDERAL COURT OF AUSTRALIA

MZZAE v Minister for Immigration and Citizenship [2013] FCA 511

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    This is an appeal from a judgment of the Federal Magistrates Court (now called the Federal Circuit Court of Australia) published as MZZAE v Minister for Immigration and Citizenship [2012] FMCA 1250, in which the primary judge dismissed the appellant’s application for judicial review.

2    The primary judge reviewed a decision of the Refugee Review Tribunal which affirmed the decision of a delegate of the first respondent not to grant the appellant a Protection (Class XA) visa.

3    When the appeal was called on for hearing this afternoon the appellant did not appear. I am satisfied on the material provided by Counsel for the first respondent that a notice of the hearing and other communications advising of the time and place of the hearing were provided to the appellant.

4    The first respondent has applied pursuant to r 36.75 of the Federal Court Rules 2011 for an order that in the absence of the appellant the appeal be dismissed. I am prepared to make that order 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).

5    The Court will make orders that:

1.    The appeal be dismissed.

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

Associate:

Dated:    31 May 2013