SZIGX v Minister for Immigration and Citizenship

[2007] FCA 1644

FEDERAL COURT OF AUSTRALIA

SZIGX v Minister for Immigration and Citizenship
[2007] FCA 1644

SZIGX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1156 OF 2007

RARES J
26 OCTOBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1156 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIGX
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE OF ORDER:	26 OCTOBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the appeal be dismissed for failure of the appellant to attend the hearing of the appeal.

2.The appellant pay the first respondent’s 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 1156 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIGX
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE:	26 OCTOBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT)

1. This appeal was originally listed for hearing on 22 October 2007 at 10.15 am, however, because interpreters were not available on that occasion it had to be re-listed for today.  My associate’s file notes indicate that on 19 and 24 October he spoke on each occasion with the appellant and confirmed with him the matter was listed for hearing today at 2.15pm.  The Registrar sent a letter to the appellant’s address for service on Monday 22 October 2007 notifying him of the changed time and place and date for hearing.  The matter was called outside the court when I resumed this afternoon and has been called again at 2.55pm and there is no appearance.

2. In those circumstances the Minister asks that I 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 the hearing. I am of opinion that is the appropriate course.

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:        1 November 2007

The appellant did not appear:
Counsel for the Respondent:	T Reilly
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	26 October 2007
Date of Judgment:	26 October 2007