SZKDO v Minister for Immigration & Citizenship

[2008] FCA 152

FEDERAL COURT OF AUSTRALIA

SZKDO v Minister for Immigration & Citizenship [2008] FCA 152

SZKDO v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2212 OF 2007

JACOBSON J
25 FEBRUARY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2212 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZKDO
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JACOBSON J
DATE OF ORDER:	25 FEBRUARY 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act, the appeal be dismissed.

2.Pursuant to Order 62, rule 4(2)(c) of the Federal Court Rules, the appellant pay the first respondent’s costs of the appeal fixed in the amount of $1,045.00.

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 2212 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZKDO
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JACOBSON J
DATE:	25 FEBRUARY 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment and orders of Nicholls FM made on 26 October 2007.  His Honour dismissed an application for review of a decision of the Refugee Review Tribunal dated 29 November 2006. 

2. The Tribunal affirmed a decision of a delegate of the Minister to refuse an application for a protection visa.  The appellant claimed to have a well-founded fear of persecution in Indonesia on the grounds of her Chinese ethnicity. 

3. The Federal Magistrate rejected three grounds of review sought to be agitated before him. 

4. When the matter was called on for hearing this morning at 10.15 there was no appearance by the appellant.  I stood the matter down in the list for approximately ten minutes in case the appellant was unavoidably detained.  It is now nearly 10:35 and there is still no appearance. 

5. Ms Mafessanti who appears for the Minister has asked me to exercise my powers under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to make an order that the appeal be dismissed for failure of the appellant to attend this hearing.

6. I am satisfied that the appellant was duly notified at the address stated in her notice of appeal as her address for service that the matter was listed before me this morning for hearing.  Since there is no appearance, it is my view that I should exercise my powers to dismiss the appeal. 

7. Accordingly, I will order that the appeal be dismissed.

8. I will also order the appellant to pay the first respondent’s costs of the appeal fixed in the amount of $1,045.00.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:
Dated:        26 February 2008

The Appellant did not appear.
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	25 February 2008
Date of Judgment:	25 February 2008