SZIGY v Minister for Immigration & Citizenship

[2008] FCA 631

FEDERAL COURT OF AUSTRALIA

SZIGY v Minister for Immigration & Citizenship [2008] FCA 631

SZIGY v MINISTER FOR IMMIGRATION AND CITIZENSHIP
and REFUGEE REVIEW TRIBUNAL

NSD 2416 OF 2007

LINDGREN J
5 MAY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2416 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIGY
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LINDGREN J
DATE OF ORDER:	5 MAY 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the first respondent’s costs of the appeal.

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 2416 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIGY
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LINDGREN J
DATE:	5 MAY 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellant has been called outside the court room but does not appear. The interpreter is present. Mr Baird, solicitor, representing the first respondent (Minister) is present. Mr Baird asks that the appeal be dismissed under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

2. The address that the appellant gave for himself on his notice of appeal was an address at Cabramatta.  The Court sent a letter to him at that address on 2 January 2008 (the letter was also sent to the Minister’s solicitor, Clayton Utz) which, according to the Court file, was not returned.  On 28 March 2008, the Court wrote to the appellant at the same address notifying him of the hearing fixture today (the letter was also sent to Clayton Utz).  That letter was not returned either.

3. Mr Baird has advised the Court that his firm, Clayton Utz, also wrote to the appellant on 3 April 2008 at the Cabramatta address enclosing a copy of the Court’s letter to the appellant dated 28 March 2008, but that this letter was returned to his firm.  His firm then sent a further letter addressed to the appellant at another address that he had previously given in Surry Hills, enclosing a copy of the Court’s letter dated 28 March 2008, and Mr Baird informs the Court that that letter was not returned.

4. Thus, only one of the four communications addressed to the appellant at his Cabramatta address was returned, namely the one sent by Clayton Utz dated 3 April 2008.

5. I am satisfied that the appellant knows of the hearing fixture today.  Pursuant to the provision mentioned, the Court will order that the appeal be dismissed with costs.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.

Associate:

Dated:        5 May 2008

The appellant did not appear.
Solicitor for the First Respondent:	Mr R Baird of Clayton Utz

Date of Hearing:	5 May 2008
Date of Judgment:	5 May 2008