SZKMQ v Minister for Immigration and Citizenship

[2009] FCA 1326

FEDERAL COURT OF AUSTRALIA

SZKMQ v Minister for Immigration and Citizenship

[2009] FCA 1326 

SZKMQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 722 of 2009

RARES J
2 NOVEMBER 2009
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 722 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZKMQ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE OF ORDER:	2 NOVEMBER 2009
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) the appeal be dismissed for the failure of the appellant to attend the hearing of the appeal.

2.The appellant pay the first respondent’s costs.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 722 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZKMQ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	RARES J
DATE:	2 NOVEMBER 2009
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

1. When this appeal was called outside the Court this morning the appellant did not appear.  Ms Knight, a solicitor for the Minister, swore an affidavit on 29 October 2009 that the movement records maintained by the Minister indicated that the appellant had departed Australia on 9 September 2009 while then holding a bridging visa.  I have been informed today that such a visa would have been issued automatically to the appellant in consequence of the pendency of his appeal.

2. The Minister seeks that I make an order under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the appeal be dismissed for failure of the appellant to attend the hearing of the appeal in light of his non-appearance today and having regard to the contents of Ms Knight’s affidavit. I am satisfied that I should make such an order.

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:        17 November 2009

Solicitor for the First Respondent: A Markus of the Australian Government Solicitor

Date of Hearing:	2 November 2009
Date of Judgment:	2 November 2009