SZIOL v Minister for Immigration & Multicultural Affairs

[2006] FCA 1742

FEDERAL COURT OF AUSTRALIA

SZIOL v Minister for Immigration & Multicultural Affairs
[2006] FCA 1742

SZIOL v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR
NSD 1183 OF 2006

RARES J
22 NOVEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1183 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIOL
Appellant

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE OF ORDER:	22 NOVEMBER 2006
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 is dismissed for failure of the appellant to attend the hearing of the appeal.

2.The appellant pay the first respondent's costs fixed in the sum of $3,000.

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 1183 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZIOL
Appellant

AND:

MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE:	22 NOVEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT)

1. This appeal was called outside the Court twice between 10.15a.m. and 10.30a.m. today.  In addition the solicitor for the first respondent attempted to telephone the appellant on the mobile telephone number identified on the notice of appeal but received a response from the telecommunications service provider that the number was not then available.

2. The first respondent has asked that the appeal be dismissed for want of appearance under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). In my opinion that is an appropriate order to make.

3. The orders I make are:

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

   (2)The appellant pay the first respondent's costs fixed in the sum of $3,000.

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

Associate:

Dated:        13 December 2006

Appellant:	No appearance
Counsel for the Respondent:	Mr AS McInerney
Solicitor for the Respondent:	Phillips Fox
Date of Hearing:	22 November 2006
Date of Judgment:	22 November 2006