SZLXB v Minister for Immigration and Citizenship

[2008] FCA 1639

FEDERAL COURT OF AUSTRALIA

SZLXB v Minister for Immigration and Citizenship [2008] FCA 1639

MIGRATION – no appearance by appellant – appeal dismissed

Held – appeal dismissed

Federal Court of Australia Act 1976 (Cth)

SZLXB v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 1120 of 2008

JAGOT J

5 NOVEMBER 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1120 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLXB
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JAGOT J
DATE OF ORDER:	5 NOVEMBER 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 is 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.

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	NSD 1120 of 2008

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZLXB
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	JAGOT J
DATE:	5 NOVEMBER 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal against the decision of the Federal Magistrates Court given on 2 July 2008 dismissing the appellant’s appeal against a decision of the Refugee Review Tribunal. 

2. The Court Registry forwarded a letter to the appellant at the address for service on the notice of appeal on 15 September 2008 identifying that the matter had been listed for hearing in this building at 2.15 pm before Bennett J.  I should note that, due to a change in the listing arrangements, I am hearing this matter rather than Bennett J.

3. On 31 October 2008 the solicitor for the first respondent couriered a letter to the appellant, again addressed to the address for service as shown on the notice of appeal.  This letter enclosed a copy of the first respondent’s written submissions and also stated in paragraph 3 to the effect that if the appellant did not appear, the first respondent would apply to have the appeal dismissed without further notice, and would also seek orders that the appellant pay the first respondent’s costs of the proceedings. 

4. Although the matter was listed at 2.15 pm today, there has been no appearance by the appellant. The matter has been called outside the Court and there has been no appearance, and it is now 25 minutes to 3.00pm. The first respondent has made an application for summary dismissal of the appeal relying on s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), which provides that a single judge or a Full Court may make an order that an appeal to the Court be dismissed for (relevantly) failure of the appellant to attend the hearing relating to the appeal. There has been such a failure today.

5. In the circumstances of the correspondence relied upon by the first respondent, I consider that I should make an order that the appeal filed on 17 July 2008 is dismissed, and I so order.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jagot.

Associate:

Dated:        5 November 2008

The Appellant did not appear.
Solicitor for the Respondents:	A. Markus, Australian Government Solicitor

Date of Hearing:	5 November 2008
Date of Judgment:	5 November 2008