SZHPA v Minister for Immigration and Multicultural and Indigenous Affairs

[2006] FCA 1516

FEDERAL COURT OF AUSTRALIA

SZHPA v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1516

SZHPA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1602 OF 2006

ALLSOP  J
14 NOVEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1602 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHPA
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	ALLSOP  J
DATE OF ORDER:	14 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;

2.The appellant pay the first respondent's costs assessed in the sum of $1,200.

THE COURT DIRECTS THAT:

3.If any application is made to set aside the orders made today the matter 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 1602 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHPA
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

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

REASONS FOR JUDGMENT

1. This is an appeal from orders made by the Federal Magistrates Court on 9 August 2006.  The appellant filed a notice of appeal on 23 August 2006.  The matter was set down for hearing today before me in the appellate jurisdiction.  Earlier this year on 29 September 2006 the appeals unit informed the appellant, by letter at the address identified on the notice of appeal, of today's date for hearing.

2. On 8 November 2006 solicitors for the respondent Minister reminded the appellant that the matter which is before the Court today and served the submissions on the Minister.  That submission has been handed to me, it’s dated 8 November and I return it to the file. 

3. The matter was called three times outside with no response. The Minister seeks an order that the appeal be dismissed under section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). In all the circumstances such an order is appropriate and I order that the appeal be dismissed pursuant to that provision.

4. I order that the appellant pay the first respondent's costs.  Ms Rayment requests that these costs be assessed to avoid any unnecessary further expense in the sum of $1,200.  Ms Rayment has placed no evidence before me for that.  However, commonsense dictates that that is a reasonable sum in relation to the preparation of the appeal book, the attendance at various directions hearing and the drafting of what were, if I may say so, helpful submissions.

5. In these circumstances the orders of the court are:

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

   (2)The appellant pay the first respondent's costs assessed in the sum of $1,200.

6. I also add a direction for the benefit of the Registry that if any application is made to set aside the orders made today I direct that the matter be removed to the docket of Justice Allsop for the hearing of any such application.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop .

Associate:
Dated:        24 November 2006

No appearance by the Appellant:
Counsel for the Respondent:	Ms B Rayment
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	14 November 2006
Date of Judgment:	14 November 2006