SZAWT v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 691

FEDERAL COURT OF AUSTRALIA

SZAWT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 691

SZAWT V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 1897 OF 2004

MADGWICK J
24 MAY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1897 OF 2004

BETWEEN:	SZAWT APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MADGWICK J
DATE OF ORDER:	24 MAY 2005
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	N 1897 OF 2004

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

JUDGE:	MADGWICK J
DATE:	24 MAY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

MADGWICK J:

1. This is an appeal from a judgment of Federal Magistrate Barnes dismissing an application seeking review by the appellant of an adverse decision of the Refugee Review Tribunal. 

2. The appellant has failed to appear on the hearing of the matter and it appears from the evidence that the appellant left Australia several days ago.  The solicitor for the respondent asked that the appeal be dismissed with costs.  On account of the appellant’s non-appearance, it appears to me to be the appropriate order, which I will therefore make.

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

Associate:

Dated:            30 May 2005

Solicitor for the Appellant:	No appearance
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	24 May 2005
Date of Judgment:	24 May 2005