SZLOB v Minister for Immigration & Citizenship

[2008] FCA 1221

FEDERAL COURT OF AUSTRALIA

SZLOB v Minister for Immigration & Citizenship [2008] FCA 1221

SZLOB v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 519 OF 2008

JACOBSON J
11 AUGUST 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 519 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLOB
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JACOBSON J
DATE OF ORDER:	11 AUGUST 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

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

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 519 OF 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLOB
Appellant

AND:

MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JACOBSON J
DATE:	11 AUGUST 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from an order made by Cameron FM on 17 April 2008, dismissing an application for review of a decision of the Refugee Review Tribunal dated 3 September 2007.  The Tribunal affirmed a decision of a delegate of the Minister not to grant the appellant a protection visa. 

2. The appellant is a citizen of the People's Republic of China.  He claimed to have a well‑founded fear of persecution on political grounds, or on the ground of membership of a particular social group, by reason of his practice of Falun Gong. 

3. When the matter was called on for hearing this morning there was no appearance by him.  I stood the matter down until 10.35am, in case the appellant was unavoidably detained.  It is now nearly 10.45am and there is still no appearance. 

4. I am satisfied that the appellant was notified of today’s hearing.  Correspondence was sent to him by the Court and by the Minister’s solicitors, informing him that the matter was listed for hearing before me today at 10.15 am. 

5. In those circumstances I am satisfied that I ought to exercise my power under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) to dismiss the appeal. Accordingly, the order that I will make this morning is that the appeal be dismissed.

6. Mr Godwin of counsel asks me to order the appellant to pay the Minister’s costs.  In my view it is appropriate to make that order.  I will, therefore, order that the appellant pay the first respondent’s costs of the appeal.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:
Dated:        13 August 2008

The Appellant did not appear at the hearing.
Counsel for the Respondent:	Mr D Godwin
Solicitor for the Respondent:	DLA Phillips Fox
Date of Hearing:	11 August 2008
Date of Judgment:	11 August 2008