SZOKJ v Minister for Immigration and Citizenship

REASONS FOR JUDGMENT 1 This is an appeal from orders made by Cameron FM on 14 September 2010 (see SZOKJ v Minister for Immigration and Citizenship [2010] FMCA 727). His Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal dated 14 April 2010. The Tribunal affirmed a decision made by a delegate of the Minister not to grant the appellant a Protection (Class XA) visa pursuant to s 65 of the Migration Act 1958 (Cth). 2 When the matter was called on for hearing this morning at 10.15 am, there was no appearance by the appellant. I stood the matter down until 10.30 am in case the appellant was unavoidably detained, but it is now nearly 10.35 am and there is still no appearance by, or on behalf of, the appellant. 3 In these circumstances, Mr White, who appears for the Minister, asks me to exercise my power under s 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) ("the Act") to dismiss the appeal for the failure of the appellant to attend at the hearing. 4 I am satisfied that the appellant was notified of today's hearing. The National Appeals Registrar of the Court wrote to the appellant on 10 December 2010. The letter was addressed to him at the address for service stated in the Notice of Appeal. The letter informed the appellant that the matter was listed today at 10.15 am. The letter is in the usual form, which is distributed by the court, notifying parties of the date for hearing of such matters. 5 Moreover, on 3 February 2011 the solicitors for the Minister wrote to the appellant. The letter was sent by registered post and was addressed to him at his address for service listed in the Notice of Appeal. 6 The letter enclosed the Minister's written submissions and went on to state that the matter was listed for hearing today at 10.15 am. The letter also stated that if the appellant did not attend the hearing the Minister would seek orders from the court that the appeal be dismissed and that the appellant pay the Minister's legal costs in the proceedings. 7 In those circumstances, I am satisfied that I ought to exercise my power under s 25(2B)(bb)(ii) of the Act. I therefore order that the appeal be dismissed. I will also order the appellant to pay the Minister's legal costs of the proceedings as agreed or assessed. I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.