SZITR v Minister for Immigration and Citizenship

[2007] FCA 1056

FEDERAL COURT OF AUSTRALIA

SZITR v Minister for Immigration & Citizenship [2007] FCA 1056

SZITR v MINISTER FOR IMMIGRATION & CITIZENSHIP AND ANOR

NSD59 OF 2007

EMMETT J
4 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD59 OF 2007

BETWEEN:

SZITR
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	4 JULY 2007
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	NSD59 OF 2007

BETWEEN:

SZITR
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

JUDGE:	EMMETT J
DATE:	4 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This appeal is listed today for directions. When the matter was called on, there was no appearance for the appellant. The first respondent, the Minister for Immigration and Citizenship, has asked that the appeal be dismissed pursuant to s 25 of the Federal Court of Australia Act 1976 (Cth). Under s 25(2)(b), a single judge may make an order that an appeal be dismissed for want of prosecution or for failure to comply with the direction of a Court or for failure to attend a hearing relating to the appeal.

2. When the matter was first before the Court for directions on 26 April 2007, there was no appearance for the appellant.  Again, on 9 May 2007 there was no appearance for the appellant.  However, on 18 May 2007 the appellant appeared in person.  On that day, directions were given for the appellant to file a draft index for the appeal book by 25 May 2007 and to file an appeal book by 29 June 2007.  Neither of those directions has been complied with and it was for that reason the matter was listed again today for directions.

3. The appeal was listed for hearing on 3 August 2007. In the circumstances, there is no utility in maintaining that fixture. I consider that it is appropriate to accede to the Minister’s request for the proceeding to be dismissed pursuant to s 25(2)(b).

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

Associate:

Dated:        20 July 2007

The Appellant did not appear.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	4 July 2007
Date of Judgment:	4 July 2007