SZJSN v Minister for Immigration and Citizenship

[2007] FCA 1232

FEDERAL COURT OF AUSTRALIA

SZJSN v Minister for Immigration and Citizenship [2007] FCA 1232

SZJSN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 820 OF 2007

BRANSON J
30 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 820 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJSN
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE OF ORDER:	30 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the costs of the first respondent.

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 820 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJSN
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE:	30 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was listed for hearing at 10:15 am today and neither at that time nor at 10:30 am was the appellant present in the court room.  After the matter was called for hearing at approximately 10.25 the court officer called the appellant by pseudonym outside the court room and also attended at the Registry floor but was unable to find the appellant.

2. The Minister by his counsel, Ms Pepper, invites the Court in the circumstances to dismiss the appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because of the failure of the appellant to attend the hearing of his appeal.

3. I am satisfied that the appellant has been given notice both of the date and the time of this morning’s hearing by the Court and also by the respondent Minister.  In the circumstances I make the order sought by Ms Pepper.  This appeal is dismissed by reason of

   
   
   

   the appellant’s failure to attend the hearing of his appeal.  I order that the appellant pay the first respondent’s costs.

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

Associate:

Dated:        13 August 2007

Counsel for the Appellant:	The Appellant did not appear
Counsel for the Respondent:	Ms R Pepper
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	30 July 2007
Date of Judgment:	30 July 2007