SZDZQ v Minister for Immigration and Multicultural Affairs

[2006] FCA 46

FEDERAL COURT OF AUSTRALIA

SZDZQ v Minister for Immigration and Multicultural Affairs and Anor [2006] FCA 46

MIGRATION – no point of principle

SZDZQ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 2011 OF 2005

MOORE J
2 FEBRUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2011 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDZQ
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

2 FEBRUARY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.  The appeal be dismissed

2.  The Refugee Review Tribunal be added as a respondent.

3.  The appellant pay the first respondent’s costs.

4. The first respondent’s costs be fixed in the sum of $1500.

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 2011 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZDZQ
APPLICANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	MOORE J
DATE:	2 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of a Federal Magistrate.  The appeal was listed for directions in November 2005.  When the appellant appeared, the matter was fixed for hearing for 9.30 am tomorrow. Subsequently, however, the hearing of the appeal was changed and fixed for hearing at 9 o'clock this morning. 

2. The appellant was notified by letter at his address for service of the changed date.  I have been informed by the solicitor appearing for the Minister for Immigration and Multicultural and Indigenous Affairs ("The Minister") that the appellant was informed again in early January of the new hearing date by a letter sent to his address for service, enclosing written submissions prepared on behalf of the Minister.

3. The matter has been called.  There has been no appearance for the appellant.  I have been asked to dismiss the appeal on the basis that the appellant has not appeared.  I propose to do so. 

4. I order the appeal be dismissed, and the appellant pay the respondent's costs.  I order that those costs be fixed in the sum of $1500.

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:            7 February 2006

Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	2 February 2006
Date of Judgment:	2 February 2006