SZBPY v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 235

FEDERAL COURT OF AUSTRALIA

SZBPY v Minister for Immigration & Multicultural & Indigenous Affairs
[2006] FCA 235

SZBPY V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL

NSD 1408 OF 2005

JACOBSON J
SYDNEY
9 MARCH 2006

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1408 OF 2005

On appeal from a decision of Federal Magistrate Raphael

BETWEEN:

SZBPY
APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

JACOBSON J

DATE OF ORDER:

9 March 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed pursuant to section 25(2B)(bb(ii) of the Federal Court Act 1976 (Cth).
2. The appellant pay the first respondent’s costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1408 OF 2005

On appeal from a decision of Federal Magistrate Raphael

BETWEEN:

SZBPY
APPELLANT

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	JACOBSON J
DATE:	9 March 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from the judgment of Federal Magistrate Raphael dated 28 July 2005.  When the matter was called on for hearing, there was no appearance by the appellant. 

2. The solicitor for the Minister asked me to dismiss the appeal for want of appearance pursuant to section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) (“the Act”). 

3. I am satisfied that the applicant was notified of today's hearing. 

4. On 23 November 2005, my associate wrote to the appellant at the address for service given on the application as well as an alternative address contained in the file.  My associate confirmed the hearing date when she wrote to the appellant on 20 February 2006 to advise that the Chief Justice had determined, pursuant to section 25(1A) of the Act that the appeal in the above matter should be heard by a single judge.

5. Accordingly, as I have said, I am satisfied that the appellant was notified of and ought to have been aware of today's hearing. 

6. It is hardly surprising that the appellant has failed to attend.  In an affidavit sworn today, the solicitor for the Minister has put before me evidence which establishes that the appellant departed from Australia on 2 November 2005. 

7. Accordingly, I am satisfied that I have power to make an order dismissing the appeal and that I propose to do so.  The orders that I would make are that the appeal be dismissed with costs.

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

Associate:

Dated:             14 March 2006

Counsel for the Appellant:	The appellant failed to appear
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	9 March 2006
Date of Judgment:	9 March 2006