SZLGY v Minister for Immigration and Citizenship

[2008] FCA 1213

FEDERAL COURT OF AUSTRALIA

SZLGY v Minister for Immigration & Citizenship [2008] FCA 1213

SZLGY v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 588 OF 2008

JESSUP J
8 AUGUST 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 588 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLGY
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JESSUP J
DATE OF ORDER:	8 AUGUST 2008
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.

2.The appellant pay the costs of the first respondent, fixed in the sum of $1,650.

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 588 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZLGY
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JESSUP J
DATE:	8 AUGUST 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT  

1. This is an appeal from a judgment of the Federal Magistrates Court given on 7 April 2008 dismissing an application by the appellant for relief in the nature of certiorari and mandamus in relation to a decision by the Refugee Review Tribunal (“the Tribunal”) signed on 27 July 2007 and handed down on 9 August 2007.  In that decision, the Tribunal affirmed an earlier decision of a delegate of the respondent Minister not to grant a Protection (Class XA) Visa to the appellant pursuant to the Migration Act 1958 (Cth). The second respondent, the Tribunal, has filed a submitting appearance.

2. The appeal was listed for 11.00 am today, at which time there was no appearance by or on behalf of the appellant.  I allowed a further 15 minutes to pass, during which time Ms Hanstein, who represents the Minister this morning, satisfied herself that the courtroom in which I am sitting has been properly identified in the foyer of the court building and for my own part, I am satisfied from correspondence on the court file that the time, date and address of the appeal were notified to the appellant on 26 June 2008.  Ms Hanstein has informed me that inquiries of her office have not disclosed any reason why the appellant could not appear or be represented this morning.

3. In the circumstances, I consider this an appropriate case to exercise the power given under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). I shall dismiss the appeal on account of the appellant’s failure to attend the hearing of the appeal.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jessup.

Associate:

Dated:        18 August 2008

Counsel for the Appellant:	The appellant did not appear
Counsel for the Respondents:	Ms Hanstein
Solicitor for the Respondents:	Australian Government Solicitor

Date of Hearing:	8 August 2008
Date of Judgment:	8 August 2008