SZDZS v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 956

FEDERAL COURT OF AUSTRALIA

SZDZS v Minister for Immigration & Multicultural & Indigenous Affairs
[2005] FCA 956

SZDZS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 899 of 2005

WILCOX J
8 JULY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 899 of 2005

BETWEEN:	SZDZS APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	8 JULY 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to Order 10, Rule 1 of the Federal Court Rules, the appeal be dismissed.

2.The appellant pay the respondent’s costs.

3.No application to set aside this order shall be filed unless it is accompanied by an amended notice of appeal identifying, with precision, the alleged jurisdictional error or errors of the Refugee Review Tribunal. 

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 899 of 2005

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

JUDGE:	WILCOX J
DATE:	8 JULY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. This matter was listed for a directions hearing today at 9.30am.  It is now 10.10am.  The appellant has not appeared, although his name has been called outside the court-room.  The notice of appeal, which was filed by the appellant, showed the time for directions, namely, ‘9.30 am Friday 8 July 2005’.  The appellant must have been aware of the fact of the directions hearing.  The writing on the last page of the notice of appeal warned that, in the absence of an appearance, orders may be made. 

2. It seems to me there is no warrant for adjourning the matter.  No application has been made by the appellant and the appellant has not even taken the trouble to communicate with the Court.

3. The order I make pursuant to Order 10, Rule 1 of the Federal Court Rules is that the appeal be dismissed with costs.

4. No application to set aside this order shall be filed unless it is accompanied by an amended notice of appeal identifying, with precision, the alleged jurisdictional error or errors of the Refugee Review Tribunal. 

5. I add that direction because the notice of appeal is totally unhelpful.  It is not good enough for a notice of appeal to make a general statement that fairness procedures were not observed.  I intend that any amended notice of appeal must specify what, exactly, was the relevant fairness procedure and in what way it was not observed.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:

Dated:             12 July 2005

There was no appearance for the Appellant.
Solicitors for the Respondent:	Phillips Fox
Date of Hearing:	8 July 2005
Date of Judgment:	8 July 2005