SZJQB v Minister for Immigration and Citizenship

[2007] FCA 1808

FEDERAL COURT OF AUSTRALIA

SZJQB v Minister for Immigration and Citizenship [2007] FCA 1808

SZJQB v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1609 OF 2007

NORTH J
8 NOVEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1609 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJQB
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	NORTH J
DATE OF ORDER:	8 NOVEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed pursuant to section 25(2B)(bb)(ii).

2.The appellant pay the first respondent’s costs of the appeal fixed at $1600.

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 1609 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJQB
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	NORTH J
DATE:	8 NOVEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The hearing of this appeal was listed to commence at 10.15 am today before Jessup J.  I am satisfied that the appellant was notified that the appeal would be heard today at that time.  A letter was sent by the Court on 20 September 2007, indicating that the appeal would be heard on 8 November 2007 at 10.15 am.  Further, a letter dated 15 October 2007 was sent by the first respondent’s solicitors, by express post.  Ms Johnson, appearing on behalf of the first respondent, indicated that the letter sent by the first respondent’s solicitors has not been returned to them.  Both letters were sent to the address for service on the notice of appeal, namely, 1/12 Evaline Street, Campsie 2194.  In addition, this morning my associate attempted to ring the mobile phone number indicated on the notice of appeal.  An unusual ring tone was heard and the call was not answered.

2. The matter was adjourned at 10.30 am to allow the court officer to make enquiries elsewhere in the building, and she was accompanied by a Mandarin-speaking interpreter.  The appellant was not located either in the vicinity of this courtroom or elsewhere in the building. 

3. The letters directed to the appellant indicated that the matter would be heard by Jessup J.  Ultimately however this appeal was transferred to me so that Jessup J could hear an appeal which I had been listed to hear but could not because of my friendship with the Refugee Review Tribunal member whose decision was reviewed by the Federal Magistrates Court.  However, Jessup J is hearing that appeal in the courtroom immediately next to this courtroom, full inquiries have been made in the vicinity of that courtroom and I am satisfied that the appellant is not in the area.

4. In those circumstances, I am satisfied that the appellant has failed to attend the hearing of the appeal, and I will order that the appeal be dismissed pursuant to s 25(2B)(bb)(ii). 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North.

Associate:

Dated:       21 November 2007

Counsel for the Appellant:	No appearance
Counsel for the Respondent:	Ms N Johnson
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	8 November 2007
Date of Judgment:	8 November 2007