SZDSU v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 794

FEDERAL COURT OF AUSTRALIA

SZDSU v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 794

SZDSU v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 455 OF 2005

MOORE J
9 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 455 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZDSU APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	9 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent's 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 455 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZDSU APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	MOORE J
DATE:	9 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of a Federal Magistrate of 3 March 2005.  The Federal Magistrate dismissed an application for judicial review of a decision of the Refugee Review Tribunal of 29 March 1999.  On 7 April 2005, the matter was fixed for hearing today.  On that day the appellant appeared in person and was assisted by a friend Mr Leovski.  The appellant was plainly aware that the matter was listed for hearing today.

2. I have been informed by the solicitor appearing for the Minister of Immigration and Multicultural and Indigenous Affairs ("the Minister") that there have been communications between the appellant and her firm to the effect that the appellant did not wish to continue with the appeal and would consent to the appeal being dismissed with costs. 

3. Whilst attempts have been made to secure orders reflecting this agreement they have not yet been furnished to the solicitors for the Minister.

4. In those circumstances and in the absence of clear evidence that the appellant consents to this course, the preferable course is to dismiss the appeal for non appearance, which I have been invited to do. 

5. I propose to order that the appeal be dismissed and secondly the appellant pay the respondent's costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:            22 June 2005

The Appellant did not appear
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	9 June 2005
Date of Judgment:	9 June 2005