SZITQ v Minister for Immigration and Citizenship

[2007] FCA 1227

FEDERAL COURT OF AUSTRALIA

SZITQ v Minister for Immigration and Citizenship [2007] FCA 1227

SZITQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 778 OF 2007

BRANSON J
30 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 778 OF 2007

BETWEEN:

SZITQ
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE OF ORDER:	30 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the costs of the first respondent fixed in the sum of $800.00.

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 778 OF 2007

BETWEEN:

SZITQ
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE:	30 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from an interlocutory judgment of the Federal Magistrates Court pronounced by Federal Magistrate Driver on 16 April 2007. 

2. The applicant was not in the court room when the matter was called at approximately 2:20 pm.  The applicant was still not in the court room at 2:35 pm. 

3. I am satisfied that the Court has given notice of the date and time of today’s hearing by correspondence sent to the applicant at the address given on his application for leave to appeal.  The representative of the Minister has also confirmed that advice has been sent to the applicant that he should be in Court today at 2:15 pm.

4. In the circumstances I accede to the request made by the Minister’s representative that the application be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia
   
   

   Act 1976 (Cth) because of the failure of the applicant to attend the hearing. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:

Dated:       13 August 2007

Counsel for the Applicant:	The Applicant did not appear
Counsel for the Respondent:	Mr P Reynolds
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	30 July 2007
Date of Judgment:	30 July 2007