SZJMS v Minister for Immigration and Citizenship

[2007] FCA 704

FEDERAL COURT OF AUSTRALIA

SZJMS v Minister for Immigration and Citizenship [2007] FCA 704

SZJMS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 155 OF 2007

BRANSON J
3 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 155 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJMS
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE OF ORDER:	3 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The name of the first respondent be changed to Minister for Immigration and Citizenship.

2.The application be dismissed.

3.The applicant pay the costs of the first respondent fixed in the sum of $750.00.

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 155 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJMS
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE:	3 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter having been listed for hearing at 10:15 am this morning and the applicant not being present in Court when the matter was called at 10:35 am, the Minister’s representative requested that I dismiss the application for leave to appeal from the judgment of the Federal Magistrates Court delivered on 16 January 2007 pursuant to O 35A of the Federal Court Rules 1979 (Cth).  I am more comfortable than I might otherwise be in doing so because I have given careful consideration to the application and am satisfied that it is entirely without merit.

2. The application is therefore dismissed.

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

Associate:

Dated:       11 May 2007

Counsel for the Applicant:	The applicant did not appear
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	3 May 2007
Date of Judgment:	3 May 2007