SZHRU v Minister for Immigration & Multicultural Affairs

[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