SZGGV v Minister for Immigration & Citizenship

[2007] FCA 256

FEDERAL COURT OF AUSTRALIA

SZGGV v Minister for Immigration & Citizenship [2007] FCA 256

MIGRATION – consideration of an application for leave to appeal from a decision of the Federal Magistrates Court

Decision

Application dismissed.

Migration Act 1958 (Cth)

SZGGV v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 2287 OF 2006

GREENWOOD J
1 MARCH 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	NSD2287 OF 2006

BETWEEN:	SZGGV Appellant
AND:	MINISTER FOR IMMIGRATION & CITIZENSHIP First Respondent
AND	REFUGEE REVIEW TRIBUNAL Second Respondent

JUDGE:	GREENWOOD J
DATE OF ORDER:	1 MARCH 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The title of the first respondent be amended to ‘Minister for Immigration and Citizenship’. 

2.The Refugee Review Tribunal be joined as a second respondent. 

3.The application be dismissed with costs. 

4.The quantum of the costs payable by the applicant to the first respondent be fixed in the sum of $1,300. 

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	NSD2287 of 2006

BETWEEN:	SZGGV Appellant
AND:	MINISTER FOR IMMIGRATION & CITIZENSHIP First Respondent
AND	REFUGEE REVIEW TRIBUNAL Second Respondent

JUDGE:	GREENWOOD J
DATE:	1 MARCH 2007
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. I have before me an application for leave to appeal from a decision of Federal Magistrate Lloyd‑Jones made on 30 October 2006, supported by an affidavit of the applicant.  Both the application and the affidavit were filed on 21 November 2006.  The affidavit exhibits a notice of appeal which seeks to agitate particular grounds.  The matter was listed for determination at 10.15am this morning.  The matter was called at approximately 25 past 10.00am.  Since sufficient time has elapsed to enable the applicant to appear before the court to agitate the merits of the application and the applicant has not appeared, I propose to deal with the application from the respondent that the matter be dismissed for non-appearance on the part of the applicant. 

2. Accordingly, I dismiss the matter on that footing, with costs.

3. I have an application from the respondent in relation to the quantum of the costs.  The proposition that is put to the court is that the solicitor-client costs associated with the preparation of a response to the application and incurred in addressing the merits of the application on a solicitor-client basis are approximately $2000.  The respondent seeks an order for quantum of costs at $1,300 and I am prepared to make an order in relation to this matter on the papers at $1,300 and therefore fix the costs payable by the applicant to the respondent in that sum.

4. I make a direction that the title of the respondent be amended from Minister for Immigration and Multicultural Affairs to ‘Minister for Immigration and Citizenship’ and that that respondent become the first respondent.  Consistent with authority, I make an order that the Refugee Review Tribunal be joined as a second respondent in the proceedings.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.

Associate:

Dated:        1 March 2007

Solicitor for the Appellant	Appellant – Self Represented – failed to appear
Solicitor for the First Respondent:	The Australian Government Solicitor
Date of Hearing:	1 March 2007
Date of Judgment:	1 March 2007