SZELH v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1236

FEDERAL COURT OF AUSTRALIA

SZELH v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1236

SZELH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1006 of 2005

ALLSOP J
1 SEPTEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1006 of 2005

BETWEEN:	SZELH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	1 SEPTEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

(1)the appeal be dismissed;

(2)the appellant pay the respondent's costs.

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 1006 of 2005

BETWEEN:	SZELH APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	ALLSOP J
DATE:	1 SEPTEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I have had the matter called three times outside.  There was no appearance of the appellant. 

2. It should be noted, however, that the call outside was, because of s 91X of the Migration Act 1958 (Cth), under the pseudonym SZELH.

3. The notice of appeal filed in this matter on 20 June 2005 is devoid of any content.  It simply states that the Tribunal (not the Federal Magistrate) committed a legal error by ignoring relevant facts.  No particularisation was given for that reason.

4. In the presence of the appellant on 21 July 2005 I made orders that an amended notice of appeal with adequate particulars be filed and full written submissions be filed in support of the appeal including but not limited to any submissions as to whether one Judge or three Judges should hear the appeal.  The appellant was assisted by a Mandarin interpreter on that day. 

5. The matter was stood over to today at 9.30 am and I made an express order that if those order s were not complied with I would give leave to the respondent to raise the issue as to dismissal of the appeal under section 25(2B)(bb)(i) of the Federal Court of Australia Act for failure to comply with a direction of the court.

6. No amended notice of appeal and no submissions have been filed, nor has the appellant appeared today.

7. In those circumstances I am satisfied that the appellant knew of today, knew of the requirements to file matters in support of the appeal prior to today, and has failed to comply with a direction of the court that those matters be filed, and has failed to attend at court today in support of the appeal.

8. For those reasons I propose to make orders under s 25(2B) of the Federal Court Act under both subparagraphs (i) and (ii) of subparagraph (bb).  That is I propose to dismiss the appeal for failure to comply with a direction of the Court and for failure of the applicant to attend the directions hearing today relating to the appeal, and I so order, and I order that the appellant pay the respondent's costs. 

9. Therefore the orders of the court are:

   (1)the appeal be dismissed;

   (2)the appellant pay the respondent's costs.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop .

Associate:

Dated:             6 September 2005

The appellant did not appear.
Counsel for the Respondent:	Adele Alen
Solicitor for the Respondent:	Phillips Fox
Date of Hearing:	1 September 2005
Date of Judgment:	1 September 2005