SZAYI v Minister for Immigration & Multicultural & Indigenous Affairs

[2004] FCA 1724

FEDERAL COURT OF AUSTRALIA

SZAYI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1724

SZAYI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

N 1719 of 2004

HILL J
17 DECEMBER 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1719 OF 2004

BETWEEN:	SZAYI APPELLANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HILL J
DATE OF ORDER:	17 DECEMBER 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed under s 25(2B)(bb) of the Federal Court of Australia Act.
2. The appellant pay the costs of the respondent Minister.

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 1719 OF 2004

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

JUDGE:	HILL J
DATE:	17 DECEMBER 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

HILL J:

1. Before the Court is an appeal from a Federal Magistrate dismissing an application for judicial review of a decision of the Refugee Review Tribunal refusing the granting of a protection visa.

2. The appeal to this court was lodged by the appellant on 22 November 2004.  The appeal was listed for a directions hearing before me this morning.  The appellant did not attend the directions hearing although the notice of appeal clearly set out the time and date of the hearing and he was advised that if he did not attend orders could be made in his absence.

3. The appellant did not attend the hearing. Accordingly, at the request of the respondent Minister I would order that the appeal be dismissed. In so doing I exercise the power referred to in section 25(2B)(bb) of the Federal Court of Australia Act.  The appeal is accordingly dismissed and I order the appellant to pay the respondent Minister's costs of it.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.

Associate:

Dated:             19 January 2005

No appearance for the Appellant:
Counsel for the Respondent:	J Bautista
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	17 December 2004
Date of Judgment:	17 December 2004