SZCCG v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 813

FEDERAL COURT OF AUSTRALIA

SZCCG v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 813

Federal Magistrates Court Rules rule 13.03A(c)

SZCCG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
NSD 769 OF 2005

HELY J
7 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 769 OF 2005

BETWEEN:	SZCCG APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	7 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application for leave to appeal be dismissed with 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 769 OF 2005

BETWEEN:	SZCCG APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE:	7 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a decision of Barnes FM. The proceedings before the Federal Magistrate were for judicial review of a decision of the Refugee Review Tribunal (‘the RRT’). The matter was dismissed by the Federal Magistrate pursuant to rule 13.03A(c) of the Federal Magistrates Court Rules by reason of the applicant’s failure to appear when the matter was listed in the non-compliance list on 27 April 2005. The applicant was notified by letter dated 2 June 2005 that the application for leave to appeal was listed for hearing today. The applicant has not appeared, nor has she provided any reason for her non-appearance.

2. I have read the documents filed by the applicant in support of the application and I certainly would not be satisfied upon the basis of those documents that the applicant or the application enjoys any reasonable prospects of success.  Given the applicant’s history of non-attendance both before the RRT and before the Federal Magistrates Court, I think it is appropriate that I should accede to the Minister’s request to dismiss the application for leave to appeal by reason of the applicant’s failure to appear this morning.

3. I therefore dismiss the application with costs.

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

Associate:

Dated:             20 June 2005

The applicant did not appear
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	7 June 2005
Date of Judgment:	7 June 2005