SZHPV v Minister for Immigration and Multicultural Affairs

[2006] FCA 1818

FEDERAL COURT OF AUSTRALIA

SZHPV v Minister for Immigration & Multicultural Affairs [2006] FCA 1818

Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)

SZHPV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1663 OF 2006

MIDDLETON J
17 NOVEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1663 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHPV
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MIDDLETON J
DATE OF ORDER:	17 NOVEMBER 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 amount of $1,200.

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 1663 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHPV
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MIDDLETON J
DATE:	17 NOVEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter having been called on, the appellant has failed to attend the hearing of this appeal. I am satisfied that the appellant would have been notified of the appeal and its time and place. In the circumstances I will order pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the appeal be dismissed because there has been a failure of the appellant to attend a hearing relating to the appeal.

2. In the circumstances of this case I will fix costs at $1,200, so the appeal is dismissed with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice MIDDLETON.

Associate:

Dated:       21 December 2006

Counsel for the Appellant:	The appellant did not appear.
Counsel for the Respondent:	T Quinn
Solicitor for the Respondent:	Phillips Fox
Date of Hearing:	17 November 2006
Date of Judgment:	17 November 2006