SZHQD v Minister for Immigration & Multicultural Affairs

[2006] FCA 1607

FEDERAL COURT OF AUSTRALIA

SZHQD v Minister for Immigration & Multicultural Affairs

[2006] FCA 1607

SZHQD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
AND REFUGEE REVIEW TRIBUNAL

NSD 1309 OF 2006

LINDGREN J
13 NOVEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1309 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHQD
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LINDGREN J
DATE OF ORDER:	13 NOVEMBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellant pay the first respondent’s costs of the appeal.

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 1309 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHQD
Appellant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

LINDGREN J

DATE:

13 NOVEMBER 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. The appellant appeals from an order of the Federal Magistrates Court of Australia given on 16 June 2006.  That Court dismissed his application to it by which he sought review of a decision of the Refugee Review Tribunal. 

2. The appeal has been called on for hearing and the appellant has not appeared.  I am informed that prior to its being called on, a court officer made inquiries against the possibility that the appellant has attended the Federal Magistrates Court at the John Maddison Tower, but those inquiries have not revealed that he has attended there and been redirected to this Court.

3. Counsel for the Minister has tendered correspondence showing that his firm wrote to the appellant on 24 July 2006, 9 October 2006 and 9 November 2006, the last two letters having advised him of the fixture for today at 10.15 am, the last letter having been sent by certified mail.  All of the letters were addressed to the appellant at the address for service which he gave on his notice of appeal.  None of the letters were returned.

4. Counsel for the Minister asks that I dismiss the appeal under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for the appellant’s failure to attend today’s hearing. I agree that the appeal should be dismissed under that provision.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.

Associate:

Dated:        23 November 2006

The Appellant did not appear.
Counsel for the First Respondent:	Ms L Clegg
Solicitors for the First Respondent:	Clayton Utz
The Second Respondent filed a submitting appearance.
Date of Hearing:	13 November 2006
Date of Judgment:	13 November 2006