SZGIL v Minister for Immigration and Multicultural Affairs

[2006] FCA 1511

FEDERAL COURT OF AUSTRALIA

SZGIL v Minister for Immigration and Multicultural Affairs [2006] FCA 1511

SZGIL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NSD 1505  OF 2006

ALLSOP J
13 NOVEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1505  OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZGIL Appellant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	ALLSOP J
DATE OF ORDER:	13 NOVEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

2.        The appellant pay the costs of the first respondent.

THE COURT DIRECTS THAT:

3.If any application is made to set aside the orders made today, the Registry is directed that the matter is to be removed to the docket of Justice Allsop for the hearing of any such application.

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 1505  OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZGIL Appellant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	ALLSOP J
DATE:	13 NOVEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the appellant has filed an appeal on 9 August 2006 against orders made by the Federal Magistrates Court on 21 July 2006 in which the application of the appellant for review of the decision of the Refugee Review Tribunal was dismissed. 

2. The appellant has not appeared today. Mr Smith, who appears on behalf of the Minister requests that I make an order under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) which provides that a single judge may make an order that an appeal to the Court be dismissed for failure of the appellant to attend a hearing related to the appeal.

3. I have had the matter called three times outside.  There is no appearance. 

4. I therefore make the following orders:

   1.The appeal be dismissed pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth); and

   2.        The appellant pay the costs of the first respondent.

5. If any application is made to set aside the orders made today, the Registry is directed that the matter is to be removed to the docket of Justice Allsop for the hearing of any such application.

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

Associate:

Dated:       23November 2006

No appearance by the Appellant:
Counsel for the Respondent:	Mr J D Smith
Solicitor for the Respondent:	Phillips Fox
Date of Hearing:	13 November 2006
Date of Judgment:	13 November 2006