SZLLT v Minister for Immigration and Citizenship

[2008] FCA 542

FEDERAL COURT OF AUSTRALIA

SZLLT v Minister for Immigration and Citizenship [2008] FCA 542

SZLLT v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 2037 OF 2007

COWDROY J

18 APRIL 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2037 OF 2007

BETWEEN:

SZLLT
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	COWDROY J
DATE OF ORDER:	18 APRIL 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to O 54B r 6(1)(b)(ii) of the Federal Court Rules (Cth) the application be dismissed.

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 2037 OF 2007

BETWEEN:

SZLLT
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	COWDROY J
DATE:	18 APRIL 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the applicant’s name was called three times outside the Court at 2:47 pm. There was no appearance by the applicant. The transcript of the previous hearing before Stone J on 12 October 2007 records that her Honour was informed that the applicant had already been removed from Australia.

2. An affidavit has been filed in Court by Bernadette Marie Rayment sworn 18 April 2008 annexing international arrival and departure information movements of the Department of Immigration and Citizenship relating to the applicant. It confirms that the applicant departed the jurisdiction on 12 October 2007 at 8.30 am and there is no record of any re-entry into Australia.

3. The applicant filed a hand-written application in the Court on 12 October 2007, being the same day that he was removed from Australia. It was apparently forwarded by facsimile. The applicant has sent no further message to the Court and there is no further indication that he wishes to pursue the application. In the circumstances the Court makes the orders as set out at the beginning of this judgment.

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

Associate:

18 April 2008

Counsel for the Applicant:	No appearance
Counsel for the Respondent:	Ms Sirtes
Solicitor for the Respondent:	Ms Rayment
Date of Hearing:	18 April 2008
Date of Judgment:	18 April 2008