SZCLQ v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 1089

FEDERAL COURT OF AUSTRALIA

SZCLQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1089

SZCLQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
N1018 of 2004

TAMBERLIN J
SYDNEY
20 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1018 OF 2004

BETWEEN:	SZCLQ APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	20 AUGUST 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The application for leave to appeal is 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	N1018 OF 2004

BETWEEN:	SZCLQ APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	20 AUGUST 2004
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant was absent without any form of explanation when the application for leave to appeal was called on for hearing.  Therefore I have been asked to exercise my discretion under O 52 r 38A(1)(c) of the Federal Court Rules to dismiss the application, and in the circumstances I consider it is appropriate that the application be dismissed with costs. 

2. I note that the applicant had indicated on an earlier occasion that she missed an opportunity to attend a directions hearing because she did not understand English, and therefore did not understand a letter which came to her; that she did not have any friends or anyone who could translate the contents of the letter; and that she would appear before the Court in time in the future.

3. The applicant asked the Court in an affidavit of 28 June 2004 for permission to continue with the hearing, and reaffirmed that she was very weak in English.  This morning arrangements were made to have an interpreter present, and I note that on 10 August 2004, a letter was written to the applicant at her last known address, from the Court, indicating in bold print and in detail that the matter would be heard by me at 9.30 on Friday, 20 August 2004.  This was noted twice and the letter was sent to the applicant in Thai and also in the English language.  No contact appears to have been made by the applicant and she did not appear this morning.  I note these matters for the records.

4. The order of the Court is that the application for leave to appeal is dismissed with costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:             20 August 2004

No appearance by the Applicant.
Solicitor for the Respondent:	Ms K Bryant
Date of Hearing:	20 August 2004
Date of Judgment:	20 August 2004