SZDXC v Minister for Immigration and Citizenship

[2007] FCA 214

FEDERAL COURT OF AUSTRALIA

SZDXC v Minister for Immigration and Citizenship [2007] FCA 214

SZDXC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2425 OF 2006

MOORE J
27 FEBRUARY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2425 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDXC
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	27 FEBRUARY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

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

2.The applicant pay the first respondent's costs fixed in the sum of $750.

3.The name of the first respondent be amended to the 'Minister for Immigration and Citizenship'.

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 2425 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDXC
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	27 FEBRUARY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal a judgment of a Federal Magistrate of 20 November 2006 dismissing an application for a judicial review of a decision of a delegate of the first respondent: see SZDXC v Minister for Immigration & Anor [2006] FMCA 1774. The matter has been called and there has been no appearance by the applicant. The applicant was notified at his address for service by letter dated 18 January 2007 that the matter was listed before me today. In addition a letter was sent to the applicant by express post on 23 February 2007 from the solicitors appearing for the first respondent informing him that the matter had been listed today.

2. I am satisfied that the applicant would have been aware that the matter was listed for hearing today. I propose to dismiss the application having regard to his non-appearance, pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). I should add, however, that it appears to me that the decision of the Federal Magistrate in dismissing the application was correct given that what was sought to be reviewed was a decision of a delegate of the first respondent. I order that the application be dismissed and the applicant pay the respondent’s costs and I fix those costs in the sum of $750.

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:        2 March 2007

Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	27 February 2007
Date of Judgment:	27 February 2007