SZATD v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1559

FEDERAL COURT OF AUSTRALIA

SZATD v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1559

SZATD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD 1434 of 2004

WHITLAM J
23 NOVEMBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1434 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZATD APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WHITLAM J
DATE OF ORDER:	23 NOVEMBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

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 1434 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZATD APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WHITLAM J
DATE:	23 NOVEMBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of the Federal Magistrates Court dismissing an application under s 39B of the Judiciary Act 1903 for relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’): SZATD v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 586. The Tribunal’s decision, which was handed down on 14 October 2003, affirmed a decision of the respondent’s delegate refusing to grant the appellant a protection visa.

2. The appellant has not attended at the appointed time for the hearing today. Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 I order that the appeal be dismissed with costs.

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

Associate:

Dated:            1 December 2004

No appearance by the appellant
Counsel for the Respondent:	R J Bromwich
Solicitor for the Respondent:	Ms K Alexander from the Australian Government Solicitor
Date of Hearing:	23 November 2004
Date of Judgment:	23 November 2004