SZATU v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 1407

FEDERAL COURT OF AUSTRALIA

SZATU v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 1407

SZATU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1408 of 2004

SACKVILLE J
SYDNEY
28 OCTOBER 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1408 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	SZATU APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	SACKVILLE J
DATE OF ORDER:	28 OCTOBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s 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 1408 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

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

JUDGE:	SACKVILLE J
DATE:	28 OCTOBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter is an appeal from a decision of a Federal Magistrate.  The Federal Magistrate dismissed an application for judicial review of a decision of the Refugee Review Tribunal (‘RRT’) handed down on 22 May 2004.  The Magistrate's decision was delivered ex tempore and was given on 10 September 2004: [2004] FMCA 592.

2. This is the first directions hearing for the appeal.  A notice of appeal has been filed in the Court.  It, however, is in a standard form which bears no particular relationship to the circumstances of this case.  The form is one with which the Court is familiar enough.

3. The appellant did not appear before the RRT. The appellant has not appeared before the Court today for the directions hearing. The respondent’s (‘Minister’) representative has applied for an order pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for an order that the appeal be dismissed by reason of the appellant's failure to attend the hearing.

4. In light of the history of this matter, including the non-appearance of the appellant before the RRT, and the absence of any merit in the appeal so far as one can judge from the notice of appeal, the appropriate course is that the appeal be dismissed pursuant to that provision.  I order the appellant to pay the Minister's costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Sackville.

Associate:

Dated:            29 October 2004

The appellant did not appear.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	28 October 2004
Date of Judgment:	28 October 2004