SZJMD v Minister for Immigration and Citizenship

[2008] FCA 98

FEDERAL COURT OF AUSTRALIA

SZJMD v Minister for Immigration and Citizenship [2008] FCA 98

SZJMD v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1977 OF 2007

TAMBERLIN J
18 FEBRUARY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1977 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJMD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	TAMBERLIN J
DATE OF ORDER:	18 FEBRUARY 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The appeal be dismissed with costs.

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 1977 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJMD
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	TAMBERLIN J
DATE:	18 FEBRUARY 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter I am satisfied that the appellant was duly notified of the hearing on appeal.  The Court waited for 25 minutes after the scheduled time for commencement of the hearing, and there was no appearance by the appellant.  No explanation or correspondence has taken place with the Court or with the solicitors appearing for the first respondent in relation to any difficulty in attending the hearing.

2. As a consequence of the failure of the appellant to attend the hearing, I am asked to make an order under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the appeal be dismissed. I think it is appropriate in the circumstances that such order should be made. Accordingly, I dismiss the appeal with costs.

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

Associate:

Dated:        18 February 2008

Counsel for the Respondent:	Mr G. Johnson
Solicitor for the Respondent:	DLA Phillips Fox
Date of Hearing:	18 February 2008
Date of Judgment:	18 February 2008