SZJVG v Minister for Immigration and Citizenship

[2007] FCA 1208

FEDERAL COURT OF AUSTRALIA

SZJVG v Minister for Immigration and Citizenship
[2007] FCA 1208

SZJVG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 823 OF 2007

RARES J
31 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 823 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJVG
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE OF ORDER:	31 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is dismissed pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure of the appellant to attend the hearing of the appeal fixed for this day.

2.he appellant is to pay the first respondent’s costs fixed in the sum of $2,250.

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 823 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJVG
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE:	31 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the appellant was called outside the Court.  There was no appearance by the appellant.  I am informed that the solicitor for the first respondent then telephoned the appellant on the telephone number contained on his notice of appeal and was greeted by a message that the service was switched off.  The solicitor for the first respondent has given evidence that attempts to contact the appellant at the address he gave for service have, following a successful delivery on 18 June 2007, been met on two subsequent occasions with the envelope in which the letters were contained being returned with a notation to the effect that the appellant no longer lived at the address.

2. I am satisfied the appellant had notice of the hearing appointed for today.  In those circumstances the first respondent asks that I make an order dismissing the appeal for failure of the appellant to attend.  In my opinion such an order should be made with costs.

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

Associate:

Dated:        10 August 2007

Appellant:	No appearance
Counsel for the Respondent:	T Reilly
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	31 July 2007
Date of Judgment:	31 July 2007