SZHTT v Minister for Immigration and Citizenship

[2007] FCA 1719

FEDERAL COURT OF AUSTRALIA

SZHTT v Minister for Immigration and Citizenship [2007] FCA 1719

SZHTT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1378 OF 2007

TAMBERLIN J
7 NOVEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1378 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHTT
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	TAMBERLIN J
DATE OF ORDER:	7 NOVEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

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 1378 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZHTT
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	TAMBERLIN J
DATE:	7 NOVEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. When this matter was called on for hearing, there was no appearance on behalf of the appellant.  I have seen an affidavit by an administrative assistant employed by the solicitors for the first respondent, dated 5 November, testifying as to the successful service at the appellant’s address as listed on the Notice of Appeal.  I have also been referred to a letter from the solicitors for the first respondent, dated 28 September, notifying the appellant of the time and date of today’s hearing, to which I understand there was no reply.  In addition. there was a letter sent by the Federal Court of Australia to the appellant at the address on the Notice of Appeal, detailing the place and time of the hearing today.

2. In these circumstances, there having been no appearance by the appellant, I am requested to make an order that the appeal be dismissed on the basis that the appellant failed to attend the hearing.  I am of the view that this is an appropriate case in which to make such an order.  I have satisfied myself that there is no evident error in the decisions of the Refugee Review Tribunal or the Federal Magistrate which would justify allowing the appeal or setting aside either decision.  Accordingly, 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 Tamberlin.

Associate:

Dated:       9 November 2007

Counsel for the Respondent:	Ms V. McWilliam
Solicitor for the Respondent:	DLA Phillips Fox
Date of Hearing:	7 November 2007
Date of Judgment:	7 November 2007