SZGET v Minister for Immigration & Citizenship

[2007] FCA 1994

FEDERAL COURT OF AUSTRALIA

SZGET v Minister for Immigration & Citizenship [2007] FCA 1994

SZGET v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1084 OF 2007

BUCHANAN J
12 DECEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1084 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZGET
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	12 DECEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The name of the first respondent be changed to Minister for Immigration and Citizenship.

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	NSD 1084 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZGET
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BUCHANAN J
DATE:	12 DECEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

BUCHANAN J:

1. When this matter was called for hearing today the appellant did not appear.  This is the third time on which this appeal has been listed for hearing.  It was originally listed for hearing before me on 20 August 2007.  In a letter dated 27 July 2007 the appellant asked for an adjournment for six to eight weeks to allow him to find another lawyer to represent him.  By an order made 3 August 2007, I vacated the hearing of the appeal on 20 August and directed that it be listed for hearing in the Full Court period commencing 29 October 2007.  In accordance with that direction the appeal was listed for hearing on 19 November 2007. 

2. By facsimile communication on 16 November 2007 the applicant sought a further adjournment pleading illness and the absence of his barrister who was in Sri Lanka.  He sought an extension of one to two weeks.  In accordance with his request the matter was listed for hearing today.  Advice to him to that effect was forwarded from the Registry of this Court on 3 December 2007 and had earlier been given by solicitors acting for the first respondent on 29 November 2007. 

3. Mr Cleary, who appears for the first respondent, has made an application that the proceedings be dismissed because of the failure of the appellant to attend the hearing relating to the appeal. Such an application is in conformity with the provisions of s 25 (2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

4. I am satisfied that it is appropriate to make such an order.  I am also satisfied that it is appropriate to order costs against the appellant.  It seems to me to be necessary also to make an amendment to the name of the first respondent in the Court’s record of the proceedings. 

5. The orders which I make are:

   (1)The name of the first respondent be changed to Minister for Immigration and Citizenship.

   (2)  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 Buchanan.

Associate:

Dated:        14 December 2007

No appearance for the Appellant:
Counsel for the Respondent:	M P Cleary
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	12 December 2007
Date of Judgment:	12 December 2007