SZBJC v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 1285

FEDERAL COURT OF AUSTRALIA

SZBJC v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 1285

SZBJC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD664 of 2005

EMMETT J
7 SEPTEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD664 OF 2005

BETWEEN:	SZBJC APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EMMETT J
DATE OF ORDER:	7 SEPTEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

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	NSD664 OF 2005

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

JUDGE:	EMMETT J
DATE:	7 SEPTEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellant, who claims to be a citizen of India, arrived in Australia on 9 July 2000.  On 9 August 2000, he lodged an application for a protection (class XA) visa under the Migration Act 1958 (Cth) (‘the Act’). On 30 August 2000, a delegate of the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs (‘the Minister’), refused to grant the protection visa. On 18 September 2000, the appellant applied for a review of that decision by the Refugee Review Tribunal (‘the Tribunal’). On 9 April 2002, the Tribunal affirmed the decision not to grant a protection visa.

2. The appellant then commenced a proceeding in the Federal Magistrates Court, in which he was unsuccessful.  The proceeding was dismissed with costs.  The appellant then appealed to this court.  The matter has been called over at least twice and there has been no appearance for the appellant.  That is not surprising, since it appears that he departed Australia on 21 July 2005.  I have seen evidence of letters addressed to the appellant at the last address in Australia known for him.   One of those has been returned undelivered.  The other was only sent two days ago and it is likely that it will also be undelivered for the reasons just indicated.

3. The Minister seeks an order dismissing the appeal pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), which provides that the court may make an order that an appeal be dismissed for failure of the appellant to attend the hearing relating to the appeal. It is appropriate to make such an order.

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

Associate:

Dated:            14 September 2005

No appearance for the appellant
Solicitors for the Respondent:	Blake Dawson Waldron
Date of Hearing:	7 September 2005
Date of Judgment:	7 September 2005