SZAWU v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 618

FEDERAL COURT OF AUSTRALIA

SZAWU v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 618

MIGRATION – Appeal from decision of Federal Magistrates Court – appeal dismissed.

Federal Court of Australia Act 1976 (Cth)

SZAWU V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD 1348 OF 2004

HILL J
9 MARCH 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1348 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZAWU APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HILL
DATE OF ORDER:	9 MARCH 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent’s costs of the appeal.

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 1348 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZAWU APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HILL
DATE:	9 MARCH 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(Ex tempore – revised)

HILL J:

1. This is an appeal from a decision of the Federal Magistrates Court which dismissed an application for judicial review of a decision of the Refugee Review Tribunal. In circumstances where the appellant failed to make an appearance at the time set down for hearing and the Court has been informed by the respondent that records of the Department of Immigration indicate that the appellant has left the country, I order, in accordance with s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), that the appeal be dismissed for failure of the appellant to attend the hearing.

I certify that the preceding numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.

Associate:

Dated:             9 March 2005

Counsel for the Respondent:

There was no appearance from the appellant

Mr J A C Potts

Solicitor for the Respondent:

Australian Government Solicitor

Date of Hearing:

9 March 2005

Date of Judgment:

9 March 2005