SZFUO v Minister for Immigration & Multicultural Affairs

[2006] FCA 746

FEDERAL COURT OF AUSTRALIA

SZFUO v Minister for Immigration & Multicultural Affairs
[2006] FCA 746

SZFUO AND ORS v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR
NSD 2498 OF 2005

RARES J
29 MAY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2498 OF 2006

BETWEEN:

SZFUO
SZFUP
SZFUQ (a minor by her next friend SZFUO)
SZFUR (a minor by his next friend SZFUO)
SZFUS (a minor by his next friend SZFUO)
SZFUT (a minor by her next friend SZFUO)
APPELLANTS

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:

RARES J

DATE OF ORDER:

29 MAY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal is dismissed for failure of the appellants to attend the hearing of the appeal today.

2.The appellants pay the first respondent's costs in the sum of $3000 in respect of the proceedings.

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 2498 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZFUO
SZFUP
SZFUQ (a minor by her next friend SZFUO)
SZFUR (a minor by his next friend SZFUO)
SZFUS (a minor by his next friend SZFUO)
SZFUT (a minor by her next friend SZFUO)

APPELLANTS

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT

JUDGE:	RARES J
DATE:	29 MAY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

1. On 8 February 2006 I fixed this matter for hearing on 26 April 2006.  That hearing date was vacated and the matter was relisted for today.  There has been no appearance by the appellants when the matter was called outside the court this afternoon.  I have also noted the contents of the affidavit of the former solicitor for the appellants, Mr McNally, and the affidavit of Ms Griffin sworn today.

2. I am of opinion that in light of the fact that the appellants have not attended the hearing of the appeal I should make an order as sought by the first respondent pursuant to my power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), namely, that I should dismiss the appeal for failure of the appellants to attend a hearing relating to the appeal, namely, the hearing of the appeal today.

3. The first respondent seeks an order for costs in the fixed sum of $3000.  I am of opinion that that is a reasonable sum to seek in light of the facts that the matter has been fixed for hearing, considerable work has been done on the written submissions for the first respondent and the matter was ready to proceed today.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate:

Dated:             26 June 2006

Appellants:	No appearance
Counsel for the Respondent:	Mr JAC Potts
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	29 May 2006
Date of Judgment:	29 May 2006