SZBTJ v Minister for Immigration and Citizenship

[2008] FCA 838

FEDERAL COURT OF AUSTRALIA

SZBTJ v Minister for Immigration and Citizenship [2008] FCA 838

SZBTJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2115 OF 2007

MIDDLETON J
28 MAY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2115 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBTJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	28 MAY 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the costs of the first respondent, fixed in the amount of $4,410.

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 2115 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBTJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MIDDLETON J
DATE:	28 MAY 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The circumstances of this case are that the matter has been called and there has been a failure by the appellant to attend the hearing of the appeal.  I am satisfied that the appellant has been informed of the time, date and place of the hearing to be held today, 28 May 2008 at 10.15 am in the Law Courts Building, Queen Square, Sydney. 

2. The Court has not been informed, nor am I told has the first respondent been informed, of any explanation for the failure of the appellant to attend, and I am prepared therefore to make an order that the appeal be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton.

Associate:

Dated:        4 June 2008

Counsel for the Appellant:	No appearance
Counsel for the First Respondent:	Mark P Cleary
Solicitor for the First Respondent:	Clayton Utz

Date of Hearing:	28 May 2008
Date of Judgment:	28 May 2008