MZZWL v Minister for Immigration and Border Protection

REASONS FOR JUDGMENT 1 On 27 August 2012, the appellant lodged an application for a Protection (Class XA) visa. The appellant's application was rejected on 28 February 2013 by a delegate of the first respondent and that decision was affirmed on 31 October 2013 by the Refugee Review Tribunal. The appellant sought judicial review of the Tribunal's decision before the Federal Circuit Court of Australia. The subject of this appeal is the Federal Circuit Court's dismissal on 26 August 2014 of the appellant's application for judicial review. 2 As far as the Court is aware, the appellant is not legally represented. The appeal was listed for hearing commencing this morning at 10.15 am. When the matter was called on for hearing, there was no appearance by the appellant. I stood the matter down briefly so that attempts could be made to contact the appellant, but those attempts were unsuccessful. I am satisfied that the appellant has been made aware of the hearing date for the appeal. 3 As outlined by Gray J in Al Mamun v Minister for Immigration and Citizenship [2011] FCA 1394 at [10], there are three possible courses open to me owing to the non-appearance of the appellant. 4 I could adjourn the hearing of the appeal and provide the appellant with a further opportunity to attend at a later time. I could exercise a power given to the Court by s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal for the failure of the appellant to attend the hearing. Alternatively, I could proceed to attempt to deal with the appeal on its merits in the absence of the appellant. 5 The first respondent submits that I should dismiss the appeal for the failure of the appellant to attend the hearing. I accept that that is the appropriate course. In particular, for the reasons given at paragraphs [11] to [13] of Al Mamun, I take the view that, in the circumstances, the interests of justice would be best served by making an order dismissing the appeal on the ground of the appellant's failure to attend the hearing. 6 Accordingly, I will make an order dismissing the appeal and a further order that the appellant pay the first respondent's costs. I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Bromberg.