FEDERAL COURT OF AUSTRALIA

Panjeta v Minister for Immigration and Border Protection [2014] FCA 206

THE COURT ORDERS THAT:

1.    The appeal be dismissed.

2.    The appellant pay the first respondent’s costs of the appeal, including the notice of objection to competency.

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

REASONS FOR JUDGMENT

1    On 2 December 2013, the appellant filed a Notice of Appeal from the Federal Circuit Court of Australia. In addition, he filed an affidavit sworn on that date. In both documents he showed an address for service in Clearview, South Australia. The appellant’s appeal was listed for hearing this morning at 10.15 am. Both parties were advised of that fact by letter from the National Appeals Registrar dated 24 January 2014.

2    The letter to the appellant was sent to his address for service as shown on the documents previously mentioned. Counsel for the first respondent has handed up two letters from the first respondent to the appellant. Those letters are dated 12 February 2014 and 27 February 2014 respectively. Both letters are addressed to the appellant at the address for service shown in the documents previously mentioned. Both letters refer to the fact that the appellant’s appeal is listed for hearing today.

3    When the appeal was called on for hearing at 10.15 am this morning, the appellant did not appear. I had his name called in the precincts of the Court and still he did not appear. Counsel for the first respondent asked me to dismiss the appeal exercising the power in r 36.75 of the Federal Court Rules 2011 (Cth) (“the Rules”). I decided to adjourn for a short time in case there was a reason the appellant had not appeared at 10.15 am.

4    The hearing resumed at about 10.45 am, and again, the appellant’s name was called in the precincts of the Court, and again, he did not appear. I am satisfied that the appellant has had notice of the hearing this morning. He has not appeared and I have made inquiries of the Registry of this Court and he has made no attempt to contact the Registry. I am satisfied that the case falls within the provisions of r 36.75 of the Rules and that it is appropriate to make an order that the appeal be dismissed.

5    I make an order that the appeal be dismissed. I will also make an order that the appellant pay the first respondent’s costs of the appeal, including the notice of objection to competency.

Associate:

Dated:    12 March 2014