SZKNY v Minister for Immigration and Citizenship

[2007] FCA 1682

FEDERAL COURT OF AUSTRALIA

SZKNY v Minister for Immigration and Citizenship [2007] FCA 1682

SZKNY AND SZKNZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1471 OF 2007

ALLSOP J
2 NOVEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1471 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZKNY
First Appellant

SZKNZ
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	ALLSOP J
DATE OF ORDER:	2 NOVEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) the application be dismissed.

2.The applicants pay the first respondent’s costs of the application.

3.The first respondent send within seven days, to the last known address of the applicants a letter identifying the orders made today and setting out the terms of Order 35 rule 7(2)(a) of the Federal Court Rules.

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 1471 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZKNY
First Appellant

SZKNZ
Second Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	ALLSOP J
DATE:	2 NOVEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from orders made by the Federal Magistrates Court on 9 July 2007, dismissing an application pursuant to rule 44.12(1)(a) of the Federal Magistrates Court Rules. The matter was called on today and there was no appearance for the applicants. I stood the matter down for a period of time to allow the registry to be searched to see if the applicants were there. That was not successful. A telephone number present on the applicants’ application for leave to appeal was called by the solicitor for the first respondent, Ms Knight. She had the assistance of a Mandarin interpreter who spoke to a man on the telephone, who indicated that he was not the applicant bearing the name that the pseudonym SZKNY has on the application, that is, a given name commencing with K and a family name commencing with L, being the names on the first page of the application for a visa of that applicant.

2. I stood the matter down for 20 minutes.  I had the matter called outside once again using, on each occasion, the pseudonym required for the purposes of s 91X of the Migration Act 1958 (Cth). There was still no appearance.

3. In these circumstances the first respondent seeks an order under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). I propose to make that order, and order that the applicants pay the first respondent’s costs, and that the first respondent send to the applicants a letter identifying the orders made today. Therefore the orders are:

   1.Pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) the application be dismissed.

   2.The applicants pay the first respondent’s costs of the application.

   3.The first respondent send within seven days, to the last known address of the applicants a letter identifying the orders made today and setting out the terms of Order 35 rule 7(2)(a) 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 Allsop.

Associate:
Dated:        19 November 2007

No appearance by the Appellants.
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	2 November 2007
Date of Judgment:	2 November 2007