SZHPT v Minister for Immigration and Multicultural Affairs

[2006] FCA 1750

FEDERAL COURT OF AUSTRALIA

SZHPT v Minister for Immigration and Multicultural Affairs [2006] FCA 1750

SZHPT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1518 OF 2006

MOORE J
14 DECEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1518 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHPT
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE OF ORDER:	14 DECEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the first respondent's costs fixed in the sum of $3000.

3.The Refugee Review Tribunal be joined as a respondent.

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 1518 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHPT
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MOORE J
DATE:	14 DECEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of the Federal Magistrates Court of 27 July 2006: see SZHPT v Minister for Immigration [2006] FMCA 1199. There has been no appearance by the appellant this morning. The matter has been before this Court on an earlier occasion when the appellant did not appear. There was then some uncertainty as to whether the appellant was aware of the date for hearing. The address for service in the notice of appeal was 99/460 Pitt Street, Sydney, NSW, 2000. Since then, a notice of change of address was filed, on 7 September 2006, identifying the new address as 5/78-82 Burwood Road, Burwood, New South Wales, 2134.

2. On 12 September 2006 a further notice of change of address was served on the Minister's solicitors who forwarded it to the Court on 30 November 2006.  The address there identified was Unit 9/120 Station Street, Fairfield, New South Wales, 2165.  Letters were sent by the Minister's solicitors to both the Burwood address and the Fairfield address, advising the appellant that the matter was fixed for hearing this morning.  I am satisfied that the appellant is likely to have been informed and is aware of the time and date for the hearing.

3. I am now asked to dismiss the appeal for want of appearance.  I propose to do so.  I order the appeal be dismissed and the appellant pay the respondent’s costs.  I fix the costs in the sum of $3000.

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

Associate:

Dated:        20 December 2006

The Appellant did not appear.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	14 December 2006
Date of Judgment:	14 December 2006