SZJQJ v Minister for Immigration and Citizenship

[2007] FCA 814

FEDERAL COURT OF AUSTRALIA

SZJQJ v Minister for Immigration & Citizenship [2007] FCA 814

SZJQJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 521 OF 2007

MADGWICK J
21 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 521 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJQJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MADGWICK J
DATE OF ORDER:	21 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the first respondent’s costs assessed in the sum of $2200.

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 521 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJQJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MADGWICK J
DATE:	21 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. It being now 2.41 pm and this case having been fixed for 2.15 pm, application has been made by the first respondent that the Court should, pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), dismiss the appeal for failure of the appellant to attend the hearing.

2. It appears from material now before the Court that the appellant has left the address which he provided as his address for service in the appeal and has advised neither the Court nor the first respondent of the change of address.  In these circumstances the inference is that the appellant has little present interest in prosecuting the appeal and the application should be acceded to.

3. I will order that the Refugee Review Tribunal be added as a second respondent, that the appeal is dismissed for want of appearance by the appellant and that the appellant pay the first respondent’s costs of the appeal assessed in the sum of $2200.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate:

Dated:        29 May 2007

Counsel for the Appellant:	No appearance
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	21 May 2007
Date of Judgment:	21 May 2007