SZCIS v Minister for Immigration, Multicultural and Indigenous Affairs

[2005] FCA 1841

FEDERAL COURT OF AUSTRALIA

SZCIS v Minister for Immigration, Multicultural and Indigenous Affairs
[2005] FCA 1841

SZCIS V MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1619 OF 2005

JACOBSON J
8 DECEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1619 of 2005

On appeal from a decision of the Federal Magistrates Court of Australia

BETWEEN:

SZCIS
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

JACOBSON J

DATE OF ORDER:

8 DECEMBER 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

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

2.The appellant pay the costs of the first respondent of the appeal.

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 1619 of  2005

On appeal from a decision of the Federal Magistrates Court of Australia

BETWEEN:

SZCIS
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	JACOBSON J
DATE:	8 DECEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a decision of Federal Magistrate Barnes given on 18 August 2005 dismissing an application for review of a decision of the Refugee Review Tribunal (“the RRT”) handed down on 2 December 2003.  The RRT affirmed a decision of a delegate of the Minister not to grant the applicant a protection visa. 

2. When the matter was called on for hearing this morning there was no appearance by the appellant.  It is now shortly after 10.30 and there is still no appearance.  Mr Smith, counsel for the Minister, asks me to dismiss the appeal on the ground of the appellant's failure to attend the hearing before me this morning.

3. I am satisfied that the appellant was notified of today's hearing.  He was present at a directions hearing before me on 6 October 2005 when the matter was listed for hearing.  This of itself would be sufficient to make it plain that the appellant was aware of the hearing date.  However, there was additional evidence of the notification of the appellant of the date of the hearing. 

4. Firstly, the Australian Government Solicitor wrote to the appellant on 6 October 2005 at his address for service shown in the notice of appeal. 

5. Secondly, in a letter dated 3 November 2005 my associate again brought to the appellant's attention the fact that the matter had been listed for hearing before me today at 10.15 am. I am satisfied that I have power to make the order sought by the Minister. It seems to me to be clear that the power is contained in section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).  

6. Accordingly, the order I will make is that the appeal be dismissed.

7. I order the appellant to pay the costs of the first respondent of the appeal.

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 December 2005

Counsel for the Applicant:	No appearance by the applicant
Counsel for the Respondent:	Mr J Smith
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	8 December 2005
Date of Judgment:	8 December 2005