SZJIJ v Minister for Immigration & Citizenship

[2008] FCA 180

FEDERAL COURT OF AUSTRALIA

SZJIJ v Minister for Immigration & Citizenship [2008] FCA 180

SZJIJ v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2258 OF 2007

JACOBSON J
27 FEBRUARY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2258 OF 2007

BETWEEN:

SZJIJ
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

Jacobson

DATE OF ORDER:

27 February 2008

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.   The appeal be dismissed.

2.   The appellant is to pay the costs of the first respondent fixed in the amount of $2,660.00.

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 2258 OF 2007

BETWEEN:

SZJIJ
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	Jacobson
DATE:	27 February 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a decision of Lloyd-Jones FM delivered on 26 October 2007.  His Honour dismissed an application for a review of a decision of the Refuge Review Tribunal dated 31 July 2006.  The Tribunal affirmed a decision of a delegate not to grant the appellant a protection visa. 

2. The appellant claimed to have a well-founded fear of persecution in Bangladesh by reason of his political opinion as a member of an extreme right-wing party known as the Freedom Party.  The grounds of appeal were essentially in the same terms as the grounds of review on which the appellant was unsuccessful before the Federal Magistrate.

3. When the matter was called on for hearing at 2.15pm there was no appearance by the appellant.  I stood the matter down in case the appellant was unavoidably detained.  It is now nearly 2.30pm and there is still no appearance. 

4. Counsel for the Minister asked me to exercise my powers under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) by reason of the appellant’s failure to appear this afternoon.

5. I am satisfied that the appellant was informed of the date and time of the hearing.  In those circumstances I consider that I should exercise my powers under the Act to dismiss the appeal. 

6. I will therefore order that the appeal be dismissed, with costs.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:             3 March 2008

The Appellant did not appear.
Counsel for the First Respondent:	P Silver
Solicitor for the First Respondent:	Clayton Utz
Date of Hearing:	27 February 2008
Date of Judgment:	27 February 2008