SZDTE v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 758

FEDERAL COURT OF AUSTRALIA

SZDTE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 758

SZDTE v REFUGEE REVIEW TRIBUNAL & ANOR

N 368 OF 2005

HILL J
1 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 368 OF 2005

BETWEEN:

SZDTE
APPELLANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:

HILL J

DATE OF ORDER:

1 JUNE 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

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

2.The appellant pay the second respondent’s costs of the appeal.

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	N 368 OF 2005

BETWEEN:

SZDTE
APPELLANT

AND:

REFUGEE REVIEW TRIBUNAL
FIRST RESPONDENT

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
SECOND RESPONDENT

JUDGE:	HILL J
DATE:	1 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

HILL J:

1. Before the Court is an appeal from a judgment of the Federal Magistrates Court dismissing an application for review of a decision of the Refugee Review Tribunal, which affirmed a decision from the Minister for Immigration and Multicultural and Indigenous Affairs not to grant to the appellant, a protection visa.

2. The appellant did not appear when the appeal was called on for hearing.  Accordingly, pursuant to 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), I order that the appeal be dismissed for failure of the appellant to attend. I order the appellant to pay the second respondent’s costs of the appeal.

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

Associate:

Dated:             8 June 2005

No appearance by the appellant
Counsel for the respondent:	J A C Potts
Solicitor for the respondent:	Australian Government Solicitor
Date of hearing:	1 June 2005
Date of judgment:	1 June 2005