SZDWJ v Minister for Immigration and Citizenship

[2007] FCA 1024

FEDERAL COURT OF AUSTRALIA

SZDWJ v Minister for Immigration and Citizenship [2007] FCA 1024

SZDWJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 995 OF 2007

MOORE J
4 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 995 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDWJ
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	4 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the Minister's costs fixed in the sum of $1100.

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 995 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDWJ
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	4 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a judgment of a Federal Magistrate of 7 May 2007 refusing to set aside an order of the Federal Magistrate of 19 February 2007: see SZDWJ v Minister for Immigration & Anor [2007] FMCA 752. On 19 February 2007, the Federal Magistrate had dismissed with costs an application to show cause in relation to a decision of the Refugee Review Tribunal of 28 April 2004 (handed down on 21 April 2004) and restrained the applicant from filing any application for a review of the decision of the Tribunal: see SZBWJ v Minister for Immigration & Anor [2007] FMCA 230. The applicant had previously challenged the Tribunal's decision in the Federal Magistrates Court, this Court and the High Court: see SZDWJ v Minister for Immigration & Anor [2006] FMCA 103, SZDWJ v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 688, SZDWJ v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCATrans 702.

2. The applicant did not appear in the Federal Magistrates Court on 7 May 2007 and has not appeared today.  The matter has been called.  I have been asked to dismiss the matter under O 35A r 2(1)(f) of the Federal Court Rules.  The applicant was notified of today’s hearing by letter dated 19 June 2007 sent to his address for service.  On 21 June 2007 the solicitors appearing for the Minister also advised the applicant at his address for service of the orders made by the Registrar on 19 June 2007.  Those orders included that the time at which the matter would be heard today.  Additionally, the solicitor's letter itself noted the date and time of the listing.  In the circumstances I am prepared to dismiss the application as sought by the Minister and I order that the application be dismissed and the applicant pay the Minister’s costs.  I fix those costs in the sum of $1,100.

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:        10 July 2007

Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	4 July 2007
Date of Judgment:	4 July 2007