SZJLT v Minister for Immigration and Citizenship

Case •

[2007] FCA 890

•

8 June 2007

FEDERAL COURT OF AUSTRALIA

SZJLT v Minister for Immigration and Citizenship [2007] FCA 890

SZJLT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 715 OF 2007

MOORE J
8 JUNE 2007
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 715 OF 2007

BETWEEN:

SZJLT
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE OF ORDER:

8 JUNE 2007

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed pursuant to s. 25 (2B) of the Federal Court of Australia Act 1976 (Cth).

2.The applicant pay the first respondent’s costs fixed in the sum of $800.

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 715 OF 2007

BETWEEN:

SZJLT
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:

MOORE J

DATE:

8 JUNE 2007

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. This is an application for leave to appeal against a judgment of the Federal Magistrate of 13 March 2007: see SZJLT v Minister for Immigration and Citizenship [2007] FMCA 407. Time also would need to be extended. There has been no appearance by the applicant. By a letter dated 21 May 2007 the applicant was notified of the hearing this morning. I am satisfied that he would have come to know that the matter was listed for hearing this morning.

  2. I have been asked to dismiss the application for non-appearance.  I propose to do so.  I order the application be dismissed and the applicant pay the Minister’s costs fixed in the sum of $800.

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

Associate:

Dated:        26 June 2007

Solicitor for the First Respondent: Sparke Helmore
Date of Hearing: 8 June 2007
Date of Judgment: 8 June 2007
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SZJLT v Minister for Immigration [2007] FMCA 407