SZHRU v Minister for Immigration & Multicultural Affairs

Case [2006] FCA 1224

FEDERAL COURT OF AUSTRALIA

SZHRU v Minister for Immigration & Multicultural Affairs
[2006] FCA 1224

SZHRU v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 678 OF 2006

RARES J
15 AUGUST 2006
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 678 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHRU
Appellant

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

RARES J

DATE OF ORDER:

15 AUGUST 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed for non-appearance.

2.The appellant pay the first respondent’s costs fixed in the sum of $2,500.

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 678 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHRU
Appellant

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

RARES J

DATE:

15 AUGUST 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT)

  1. In this matter when the appeal was called on for hearing there was no appearance by the appellant. The Minister has asked me to make an order under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) dismissing the appeal for failure of the appellant to attend a hearing relating to the appeal.

  2. Accordingly, I order that the appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

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

Associate:

Dated:        12 September 2006

The Appellant: No appearance
Counsel for the Respondent: Mr T Reilly
Solicitor for the Respondent: Phillips Fox
Date of Hearing: 15 August 2006
Date of Judgment: 15 August 2006
Details
AGLC
SZHRU v Minister for Immigration & Multicultural Affairs [2006] FCA 1224
Case
[2006] FCA 1224
Decision Date

CaseChat Overview and Summary

The appellant, SZHRU, sought to appeal a decision of the Minister for Immigration & Multicultural Affairs to refuse to grant a protection visa. The appeal was heard in the Federal Court of Australia. The central issue before the court was whether the appellant had provided sufficient evidence to establish a credible fear of persecution if returned to their country of origin, thereby justifying the grant of a protection visa.

The court found that the appellant had failed to appear for the hearing of the appeal, despite being given a reasonable opportunity to do so. Given the appellant's non-appearance and absence of any explanation, the court concluded that there were no grounds upon which the appeal could be determined. Consequently, the appeal was dismissed. The court also ordered the appellant to pay the costs of the first respondent, fixed at $2,500. The court emphasised that the dismissal of the appeal was not a reflection on the merits of the appellant's case, but rather a consequence of the appellant's failure to participate in the legal proceedings.

Orders

Orders of the court

1. The appeal be dismissed for non-appearance.

2. The appellant pay the first respondent’s costs fixed in the sum of $2,500.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

RARES J

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Ratio Decidendi

Legal Principle Established

Established by: RARES J

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