Applicant S1152/2003 v Minister for Immigration and Citizenship

[2007] FCA 1472

FEDERAL COURT OF AUSTRALIA

Applicant S1152/2003 v Minister for Immigration and Citizenship [2007] FCA 1472

APPLICANT S1152/2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1353 OF 2007

MOORE J
18 SEPTEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1353 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT S1152/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	18 SEPTEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The applicant pay the first respondent's costs fixed in the sum of $1200.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1353 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

APPLICANT S1152/2003
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	18 SEPTEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is what purports to be a notice of appeal from a judgment of a Federal Magistrate of 28 June 2007: see Applicant S1152/2003 v Minister for Immigration & Anor [2007] FMCA 1536, which was almost certainly interlocutory. I will treat the matter as an application for leave to appeal.

2. The applicant has not appeared at the hearing.  Having regard to the correspondence from the Court of 29 August 2007 and from the Australian Government Solicitor of 13 September 2007 addressed to the applicant at his address for service, I am satisfied that the applicant was aware that the matter was listed for hearing today.  The solicitor appearing for the Minister has sought that the application be dismissed on the basis that the applicant has not appeared.  I propose to order that the application be dismissed. I order that the applicant pay the respondent’s costs fixed in the sum of $1200.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        25 September 2007

Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	18 September 2007
Date of Judgment:	18 September 2007