SZHTE v Minister for Immigration and Multicultural Affairs

[2006] FCA 1196

FEDERAL COURT OF AUSTRALIA

SZHTE v Minister for Immigration & Multicultural Affairs [2006] FCA 1196

SZHTE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL

NSD 981 OF 2006

DOWSETT J
7 AUGUST 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 981 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHTE
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	DOWSETT J
DATE OF ORDER:	7 AUGUST 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.        The applicant pay the first respondent’s costs of the application.

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 981 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHTE
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	DOWSETT J
DATE:	7 AUGUST 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The applicant not having appeared to prosecute her application for leave to appeal, I am asked to make an order pursuant to O 35A r 3 dismissing the application.  For the purposes of O 35A r 2 I infer from the applicant’s failure to appear today that she has failed to prosecute the proceedings with due diligence.

2. In those circumstances I order that the application be dismissed.

3. I order that the applicant pay the first respondent’s costs of the application.

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

Associate:

Dated:       1 September 2006

Counsel for the Applicant:	The Applicant did not appear.
Solicitor for the First Respondent:	Clayton Utz
Date of Hearing:	7 August 2006
Date of Judgment:	7 August 2006