SZILF v Minister for Immigration & Citizenship

[2007] FCA 1702

FEDERAL COURT OF AUSTRALIA

SZILF v Minister for Immigration & Citizenship [2007] FCA 1702

MIGRATION – consideration of an appeal from the Federal Magistrates Court raising questions going to s 424A(1) of the Migration Act 1958 (Cth) and whether the Refugee Review Tribunal was required to make particular findings of fact – no appearance by the appellant – motion for dismissal pursuant to s 25(2B) of the Federal Court of Australia Act 1976

Decision

The appeal is dismissed with costs

Migration Act 1958 (Cth), s 424A
Federal Court of Australia Act 1976 (Cth)

SZKHK v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD1228 of 2007

GREENWOOD J
7 NOVEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	NSD1228 OF 2007

BETWEEN:	SZILF Appellant
AND:	MINISTER FOR IMMIGRATION & CITIZENSHIP First Respondent
AND	REFUGEE REVIEW TRIBUNAL Second Respondent

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

THE COURT ORDERS THAT:

1.The appeal is dismissed. 

2.The appellant shall pay the respondents’ 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
QUEENSLAND DISTRICT REGISTRY	NSD1228 of 2007

BETWEEN:	SZILF Appellant
AND:	MINISTER FOR IMMIGRATION & CITIZENSHIP First Respondent
AND	REFUGEE REVIEW TRIBUNAL Second Respondent

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

EX TEMPORE REASONS FOR JUDGMENT

1. This matter is listed for hearing today. 

2. The appellant in the proceedings has failed to appear. 

3. The matter was listed for hearing at 2.15pm today and it is now 2.32pm and the appellant, although called, has failed to appear.  The Federal Court Registry sent a letter to the appellant on 20 September 2007 advising the appellant of the place, date and time for the hearing of the appeal and that letter was sent to the address for service nominated by the appellant in the notice of appeal filed on 2 July 2007. 

4. In addition to that letter, the solicitors for the respondents, Blake Dawson Waldron, wrote a letter to the appellant at the same address enclosing a copy of the first respondent’s outline of submissions.  That letter is dated 2 November 2007 and those letters have been marked Exhibits 1 and 2 in the proceeding. 

5. By reason of the failure of the appellant to appear, the first respondent moves for an order pursuant to s 25(2B)(bb) for an order of the Court dismissing the appeal.

6. In view of the failure to appear, I order that the appeal is dismissed with costs.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.

Associate:

Dated:        7 November 2007

Solicitor for the Appellant	Self Represented
Counsel for the First Respondent:	J Mitchell
Solicitor for the First Respondent:	DLA Phillips Fox
Date of Hearing:	7 November 2007
Date of Judgment:	7 November 2007