SZJVG v Minister for Immigration and Citizenship

Case [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
Details
AGLC
SZJVG v Minister for Immigration and Citizenship [2007] FCA 1208
Case
[2007] FCA 1208
Decision Date

CaseChat Overview and Summary

The appellant, SZJVG, brought an appeal against a decision of the Minister for Immigration and Citizenship. The appeal was dismissed by the Federal Court of Australia, as the appellant failed to attend the hearing. The central issue before the court was whether the appellant's absence at the hearing justified dismissal of the appeal, and if so, what costs should be awarded to the respondent.

The court considered the provisions of section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), which provides that an appeal may be dismissed if the appellant fails to attend the hearing without a satisfactory explanation. The court found that the appellant did not provide a satisfactory reason for their absence and, as such, the appeal was dismissed. In determining the costs to be awarded to the respondent, the court considered the nature and complexity of the case, as well as the conduct of the parties. The court found that the respondent was entitled to costs in the sum of $2,250.

The appeal was dismissed and the appellant was ordered to pay the respondent's costs in the sum of $2,250. The court's decision underscores the importance of attending court hearings and the potential consequences of failing to do so. The dismissal of the appeal and the award of costs to the respondent serve as a reminder of the need for parties to take their legal obligations seriously and to be prepared to attend court on the scheduled date.

Orders

Orders of the court

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

RARES J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: RARES J

Full text does not contain this section.