SZGKU v Minister for Immigration & Multicultural Affairs

[2006] FCA 1609

FEDERAL COURT OF AUSTRALIA

SZGKU v Minister for Immigration & Multicultural Affairs

[2006] FCA 1609

SZGKU & SZGKV v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL

NSD 1003 of 2006

LINDGREN J
14 NOVEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1003 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZGKU AND SZGKV
Appellants

AND:

MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LINDGREN J
DATE OF ORDER:	14 NOVEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellants pay the first respondent’s costs of the appeal.

1.        The costs referred to in order 2 be fixed at $1500.

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 1003 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZGKU AND SZGKV
Appellants

AND:

MINISTER FOR IMMIGRATION AND
MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LINDGREN J
DATE:	14 NOVEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellants appeal from a decision of the Federal Magistrates Court of Australia given on 5 May 2006, by which that Court dismissed an application for review of a decision of the Refugee Review Tribunal (‘the Tribunal’).  The Tribunal’s decision was signed on 31 March 2005 and handed down on 22 April 2005.  By that decision, the Tribunal affirmed a decision of a delegate of the first respondent not to grant protection visas to the appellants.

2. The appeal was fixed for hearing at 2.15 pm today, and, following 2.15 pm, the case was called and the appellants have not appeared.

3. On 17 October 2006 the solicitors for the first respondent wrote to the appellants at the address which they gave in the notice of appeal as their address for service, enclosing a copy of the first respondent’s submissions and confirming that the appeal was listed for hearing today at 2.15 pm.  In addition, the registry of the Court wrote to the appellants on 29 September 2006 advising them that the appeal was listed for hearing today at 2.15 pm.  Neither letter was returned unclaimed.

4. The solicitor for the first respondent seeks dismissal of the appeal as under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), and an order for costs. The second respondent, I should note, appears and submits to the orders of the Court save as to costs.

5. There should be orders as sought.

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

Associate:

Dated:        23 November 2006

The Appellants did not appear
Solicitor for the First Respondent:	Mr J Wright of Sparke Helmore
The Second Respondent filed a submitting appearance
Date of Hearing:	14 November 2006
Date of Judgment:	14 November 2006