SZCLP v Minister for Immigration and Citizenship

[2007] FCA 888

FEDERAL COURT OF AUSTRALIA

SZCLP v Minister for Immigration and Citizenship [2007] FCA 888

SZCLP v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 869 OF 2007

MOORE J
8 JUNE 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 869 OF 2007

BETWEEN:

SZCLP
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	8 JUNE 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth).

2.The applicant pay the first respondent’s costs fixed in the sum of $800.

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 869 OF 2007

BETWEEN:

SZCLP
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	8 JUNE 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal against a judgment of a Federal Magistrate of 3 April 2007: see SZCLP v Minister for Immigration & Anor (No. 2) [2007] FMCA 628. The matter was listed for hearing today. The applicant was notified by a letter dated 21 May 2007 sent to his address for service that the matter was fixed for hearing this morning. There has been no appearance by the applicant.

2. The solicitor representing the Minister has asked that I dismiss the application for want of appearance.  I do so.  I order the application be dismissed and that the applicant pay the Minister’s costs.  I further order that those costs be fixed in the sum of $800.

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

Associate:

Dated:        8 June 2007

Solicitor for the First Respondent:	Blake Dawson Waldron
Date of Hearing:	8 June 2007
Date of Judgment:	8 June 2007