SZFBP v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 681

FEDERAL COURT OF AUSTRALIA

SZFBP v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 681

SZFBP v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & REFUGEE REVIEW TRIBUNAL

NSD 2629 OF 2005

BENNETT J
9 MAY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2629 OF 2005

BETWEEN:

SZFBP
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

BENNETT J

DATE OF ORDER:

9 MAY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.that the hearing listed for 10 May 2006 be vacated.

2.the appeal is dismissed with 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	NSD2629 OF 2005

BETWEEN:

SZFBP
APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	BENNETT J
DATE:	9 MAY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal against a judgment of a Federal Magistrate of 2 December 2005 dismissing an application for judicial review of a decision of the Refugee Review Tribunal of 5 October 2004. 

2. The first respondent seeks a formal order for the hearing to be vacated on the basis that the appellant has left the country.  I note the affidavit of Ms Kramer, which establishes that the appellant was notified of the directions hearing this morning.  The matter has been called outside the Court and there is no appearance for the appellant.

3. The affidavit of Mr Bird annexes a document, which, I am informed, records the movements of the appellant in and out of Australia.  The most recent record of 24 February 2006 indicates that the appellant had departed the country on a class of visa that does not permit re-entry until a fresh visa is obtained. 

4. I am satisfied that the appellant will not be attending the hearing and that he has in fact departed the country.

5. The hearing listed for tomorrow is vacated. The appeal is dismissed with costs.

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

Associate:

Dated:            9 May 2006

Solicitor for the Respondent:	J Bird, Phillips Fox
Date of Directions Hearing:	9 May 2006
Date of Judgment:	9 May 2006