SZJFD v Minister for Immigration and Citizenship

[2007] FCA 1210

FEDERAL COURT OF AUSTRALIA

SZJFD v Minister for Immigration and Citizenship
[2007] FCA 1210

SZJFD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 748 OF 2007

RARES J

1 AUGUST 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 748 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJFD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE OF ORDER:	1 AUGUST 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1Pursuant 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 is to pay the first respondent’s costs, fixed in the sum of $2,000.

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 748 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJFD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE:	1 AUGUST 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. When this appeal was called at 2.15 pm today, the appellant did not appear.  I asked the solicitor for the Minister to contact the appellant on the mobile phone number given in the notice of appeal with the assistance of the interpreter who was present for the purposes of the appeal.  That occurred.  Mr Johnson, who appears for the Minister, and the interpreter have informed me that they spoke with the appellant.  The appellant said that he was ill, and too ill to contact the court to inform it as to his inability to be present today.  Neither Mr Johnson nor the interpreter was able to express any lay view as to whether the appellant sounded ill.  The Minister has asked that I proceed to determine the appeal.

2. In my opinion, it is appropriate, rather than to deal with the substantive appeal, to exercise my power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act1976 (Cth) to dismiss the appeal on the failure of the appellant to attend the hearing. I propose to do that and to make an order for costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate:

Dated:        10 August 2007

Appellant:	No appearance
Solicitor for the Respondent:	G Johnson of DLA Phillips Fox
Date of Hearing:	1 August 2007
Date of Judgment:	1 August 2007