SZJUH v Minister for Immigration and Citizenship

[2007] FCA 1728

FEDERAL COURT OF AUSTRALIA

SZJUH v Minister for Immigration and Citizenship [2007] FCA 1728

SZJUH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1425 OF 2007

COWDROY J
8 NOVEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1425 OF 2007

BETWEEN:

SZJUH
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

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

THE COURT ORDERS THAT:

1.The application for leave to appeal be dismissed.

2.The Applicant pay the costs of the First Respondent fixed in the sum of $750 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth).

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 1425 OF 2007

BETWEEN:

SZJUH
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

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

REASONS FOR JUDGMENT

1. The applicant’s application for leave to appeal was listed for hearing at 2.15 pm today. By letter from the Minister’s solicitor dated 25 September 2007 notification of the time, date and location of such hearing was provided to the applicant. There is no evidence of any reply to such letter and the applicant has not appeared in Court today.

2. In the circumstances the Minister applies to have the matter dismissed.

3. There is no reason to refuse such application. Accordingly the Court will dismiss the application pursuant Order 20 Rule 5(1)(b) of the Federal Court Rules 1979 (Cth) and order the applicant to pay the costs of the Minister fixed in the sum of $750 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules.   

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

Associate:

Dated:       8 November 2007

Counsel for the Applicant:	The applicant did not appear
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	8 November 2007
Date of Judgment:	8 November 2007