SZIVD v Minister for Immigration and Multicultural Affairs

[2006] FCA 1599

FEDERAL COURT OF AUSTRALIA

SZIVD v Minister for Immigration and Multicultural Affairs [2006] FCA 1599

SZIVD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL
NSD 1778 OF 2006

MADGWICK J
13 NOVEMBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1778 OF 2006

BETWEEN:

SZIVD
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MADGWICK J
DATE OF ORDER:	13 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 application be dismissed.

2.The applicant pay the first respondent’s costs, assessed in the sum of $1500.

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 1778 OF 2006

BETWEEN:

SZIVD
Applicant

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MADGWICK J
DATE:	13 NOVEMBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from a decision of the Federal Magistrates Court given on 7 August 2006. The application was filed on 15 September 2006, so that leave to file the document out of time would be required.

2. The applicant was first advised by the Court by a letter of 27 September 2006 that it was anticipated that the Court would hear the application in the period 12 February to 9 March 2007 unless he was advised that the application would be heard on an earlier date.  The applicant was next advised on 10 October 2006 by court officers that the application would be heard before me today, not before 2.15 pm.  It is now 2.45 pm.  The solicitors for the first respondent sent their outline of submissions to the applicant by letter of 19 October 2006, telling him that the matter was listed for hearing today at 2.15 pm, and telling him that if he did not attend, either in person or by a legal representative, they would seek to have his application dismissed with costs.

3. In these circumstances, it seems to me to be appropriate to make an order pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), for failure of the applicant to attend a hearing, as asked by the first respondent. If that section is not the appropriate course of the Court’s power I have no doubt that power to make the order exists in the implied jurisdiction of the Court and I will make the order as asked.

4. The applicant is to pay the first respondent’s costs, assessed in the sum of $1500.

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

Associate:

Dated:        22 November 2006

Counsel for the Applicant:	The Applicant appeared in person
Solicitors for the Respondent:	Clayton Utz
Date of Hearing:	13 November 2006
Date of Judgment:	13 November 2006