SZJHC v Minister for Immigration and Citizenship

[2008] FCA 312

FEDERAL COURT OF AUSTRALIA

SZJHC v Minister for Immigration and Citizenship [2008] FCA 312

Federal Court of Australia Act 1976 (Cth), s 25(2B)

SZJHC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD2377 OF 2007

LOGAN J
7 MARCH 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD2377 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJHC
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	7 MARCH 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Appeal be dismissed.

2.The Appellant pay the First Respondent’s costs of, and incidental, to this application to be taxed, if not agreed.

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	NSD2377 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJHC
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE:	7 MARCH 2008
PLACE:	SYDNEY

EX TEMPORE REASONS FOR JUDGMENT

1. I indicate that in dismissing the appeal, I am acting under s 25(2B)(bb)(ii) of the Federal Court of Australia Act, on the basis of the non-attendance of the appellant when the case was called on, and on the information in the affidavit of Mr Baird filed on 29 February, which makes it plain that the appellant has left Australia.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan.

Associate:

Dated:        11 March 2008

Counsel for the Applicant:	No Appearance by the Appellant
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	7 March 2008
Date of Judgment:	7 March 2008