SZHLU v Minister for Immigration and Citizenship

[2007] FCA 607

FEDERAL COURT OF AUSTRALIA

SZHLU v Minister for Immigration and Citizenship [2007] FCA 607

SZHLU v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
NSD 1903 OF 2006

SIOPIS J
16 FEBRUARY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1903 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHLU
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	SIOPIS J
DATE OF ORDER:	16 FEBRUARY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The name of the first respondent is amended to “Minister for Immigration and Citizenship”.

2.The appeal is dismissed.

3.The appellant shall pay the first respondent's costs, fixed in the sum of $2,600.

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 1903 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHLU
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	SIOPIS J
DATE:	16 FEBRUARY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from the orders and judgment of Federal Magistrate Lindsay dated 11 September 2006.

2. When the matter was called on for hearing today the appellant was not present in Court.  I stood the matter down.  It is now almost 10.40 am.  The Court officer has called this matter outside the Court on two separate occasions.  On the first occasion, the Court officer used the appellant’s pseudonym.  On the second occasion, the Court officer used the appellant’s real name.  There was no response to the call by the Court officer.

3. I have before me two letters.  One letter is written by a District Registrar of the Federal Court, dated 13 December 2006, addressed to each of the parties, advising that the appeal would be heard today at 10.15 am.  There is also a letter before me dated 23 January 2006, which was written by the representative of the first respondent to the appellant, which advises the appellant that the matter would be listed today at 10.15 am, and which contains the following sentence:

   If you do not attend on this occasion [the first respondent] will seek orders from the Court that your matter be dismissed and that you pay the Minister's legal costs of the proceedings.

4. I am satisfied that the appellant was notified of the hearing today.  He has not appeared.

5. I have power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal in those circumstances. I dismiss the appeal.

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

Associate:

Dated:       30 April 2007

Counsel for the Appellant:	The Appellant did not appear
Counsel for the First Respondent:	Mr R White
Solicitor for the First Respondent:	Sparke Helmore
Date of Hearing:	16 February 2007
Date of Judgment:	16 February 2007