SZCKC v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 962

FEDERAL COURT OF AUSTRALIA

SZCKC v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 962

SZCKC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and REFUGEE REVIEW TRIBUNAL

NSD2357 OF 2005

COWDROY J

13 JULY 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2357 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCKC

Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE:	COWDROY J
DATE OF ORDER:	13 JULY 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The applicant pay the respondent’s costs in the sum of $4,000.

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 2357 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZCKC

Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE:	COWDROY J
DATE:	13 JULY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1        In this matter the appellant has failed to appear at the time appointed for the hearing of his appeal. Although the Court has waited half an hour in case he was delayed, the appellant has not arrived. The appellant has not contacted the Court to indicate that he was unable to attend.

2 Accordingly, the respondent seeks an order that the proceedings be dismissed, pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth), with costs in the amount of $4,000. Since the appellant has not appeared, I will make that order.

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

Associate:

Dated:         28 July 2006

Counsel for the Applicant:	The applicant did not appear.
Counsel for the First Respondent:	Ms S A Sirtes
Solicitor for the First Respondent:	Clayton Utz
Date of Hearing:	13 July 2006
Date of Judgment:	13 July 2006