SZBLW v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 514

FEDERAL COURT OF AUSTRALIA

SZBLW v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 514

SZBLW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ANOR
NSD 1061 of 2005

ALLSOP J
4 MAY 2006

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1061 of 2005

BETWEEN:

SZBLW
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

ALLSOP J

DATE OF ORDER:

4 MAY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.
2. The appellant pay the first 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 1061 of 2005

BETWEEN:

SZBLW
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	ALLSOP J
DATE:	4 MAY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the appellant has filed a notice of appeal on 28 June 2005 appealing from orders of the Federal Magistrates Court.  Various steps have been taken in the appeal, including the preparation of appeal papers, at the expense of the first respondent.

2. The appellant appeared in person at earlier directions hearings, however, after some difficulty in listing the matter caused by business in the Court, the matter was set down for hearing on 16 June 2006 at 2.15pm.  That order was made on 27 April 2006, being a day upon which there was no attendance by the appellant.

3. It subsequently came to the attention of the solicitors for the first respondent that the appellant had in fact left the country.  The matter was re-listed at the request of the solicitors for the first respondent.

4. The appellant was notified at the address for service provided of today's hearing.  A letter of 27 April 2006 was sent by the solicitors to the appellant indicating the directions made on that day.  On the same day by registered post another letter was sent by the solicitors for the Minister to the appellant asking the appellant to disregard the previous letter and advising him that the hearing of the appeal had been moved forward to 4 May 2006 at 9.30am.  This was done by myself in chambers after I had been informed that there was the likelihood that the appellant had left the country.

5. The second letter of 27 April 2006 which informed the appellant of the hearing today informed him that it was important that he attend the Court on this day and that if he did not attend orders may be made in his absence dismissing his appeal.

6. It appears that the appellant was not apparently desirous of taking any steps to inform the Court or the first respondent of his intention to leave the country or in any other fashion to attend to his appeal. In that circumstance is seems appropriate that the first respondent make the application it does today, that is, that in the absence of the appellant I invoke the relevant power in s 25(2B) of the Federal Court of Australia Act 1976 to make an order that the appeal be dismissed for the failure of the appellant to attend a hearing relating to the appeal.

7. In the above circumstances, pursuant to s 25(2B)(b)(ii) I make an order dismissing the appeal and I order that the appellant pay the first respondent's costs.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:             8 May 2006

The appellant did not appear.
Counsel for the first respondent:	Mr B Cramer
Solicitor for the first respondent:	Blake Dawson Waldron
Date of Hearing:	4 May 2006
Date of Judgment:	4 May 2006