SZDSZ v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 760

FEDERAL COURT OF AUSTRALIA

SZDSZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 760

SZDSZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 385 OF 2005

MOORE J
7 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 385 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZDSZ APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	7 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent's costs.

3.Costs be fixed in the sum of $1 800.

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 385 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	MOORE J
DATE:	7 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal against a judgment of a Federal Magistrate of 9 March 2005 in which his Honour dismissed an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") of 31 March 2004 handed down on 27 April 2004.  The Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") made on 29 October 2003 refusing to grant the applicant a protection visa.  I have read the reasons for decision of the Tribunal and the reasons for judgment of the Federal Magistrate.  The appellant has not appeared this morning and the matter has been called.

2. The matter was originally listed for hearing on 24 May 2005 but it was necessary to reschedule the hearing to 10.15 am on 7 June 2005.  The appellant was given notice of that change in writing sent to his address for service.  That notice was sent by the Federal Court of Australia.  In addition, the solicitors acting for the respondent sent the appellant a copy of their submissions by express post, again at the address for service and reminded the appellant that the matter was listed for hearing today.  The solicitors also put the appellant on notice that the Minister would seek to have the matter dismissed if the appellant did not appear.  I note that the appellant did not appear at the hearing before the Tribunal. 

3. Having read the Tribunal's reasons for decision and the Federal Magistrate's reasons for judgment, it is not apparent to me that the Tribunal fell into jurisdictional error in determining the appellant's application.  It is also not apparent that the Federal Magistrate erred in dismissing the application for judicial review.  Against that background, I come to consider the application by the Minister to dismiss the appeal, firstly, because the appellant has not appeared and, secondly, because the appellant has failed to comply with the direction to file an amended notice of appeal.

4. I propose to dismiss the application because the appellant has not appeared.  It is not apparent to me that there is any issue of substance sought to be ventilated in the appeal.  I order that the appeal be dismissed and the appellant pay the respondent's costs.

I certify that the preceding four (4) 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:	Sparke Helmore
Date of Hearing:	7 June 2005
Date of Judgment:	7 June 2005