SZHJI v Minister for Immigration and Citizenship

[2007] FCA 1336

FEDERAL COURT OF AUSTRALIA

SZHJI v Minister for Immigration and Citizenship [2007] FCA 1336

SZHJI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1054 OF 2007

MADGWICK J
17 AUGUST 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1054 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHJI
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MADGWICK J
DATE OF ORDER:	17 AUGUST 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the first respondent’s costs of the appeal assessed in the sum of $2,750.00.

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 1054 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHJI
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MADGWICK J
DATE:	17 AUGUST 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of the Federal Magistrates Court that rejected an application for judicial review of a decision of the Refugee Review Tribunal (“the Tribunal”) adverse to the appellant.  The matter was listed for 11.30 am.  It is now 11.55 am and there has been no appearance by the appellant nor any communication from him to indicate any difficulty about attending today.  He was duly notified of the hearing date and time and indeed warned by the solicitors for the first respondent that, should he fail to appear, his appeal might be dismissed and he might be ordered to pay costs. 

2. The first respondent now asks that I dismiss the appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure to attend on the hearing and it seems appropriate that I should accede to that request.

3. The appeal will therefore be dismissed under that paragraph with costs, assessed in the sum of $2,750.00.

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

Associate:

Dated:        28 August 2007

Counsel for the Applicant:	The appellant did not appear
Counsel for the Respondent:	Ms R Pepper
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	17 August 2007
Date of Judgment:	17 August 2007