SZMHH v Minister for Immigration and Citizenship

[2008] FCA 1732

FEDERAL COURT OF AUSTRALIA

SZMHH v Minister for Immigration and Citizenship [2008] FCA 1732

Federal Court of Australia Act 1976 (Cth) s 25(2B)

SZMHH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD1256 of 2008

LOGAN J
13 NOVEMBER 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD1256 of 2008

BETWEEN: SZMHH
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	13 NOVEMBER 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal is dismissed.

2.The Appellant is to pay the First Respondent’s costs of and incidental to the appeal to be taxed, if not agreed.

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	NSD1256 of 2008

BETWEEN: SZMHH
Applicant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	LOGAN J
DATE:	13 NOVEMBER 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. I delayed coming in for a short time this morning, in light of information relayed to me by my associate that the Appellant was not then in attendance at 10.15am.  Upon the case being called on at 10.20am, the Appellant did not appear after the name of the case was called by the court officer.  Because it had come to my attention that not all of the lifts in the building were working today, I decided to stand the case down until 10.30am.  At that time, when the name of the case was again called by the court officer, there was again, no appearance by the Appellant.  Nor has there been any appearance on her behalf, and nor has there been, so far as I am aware, any contact made by or on her behalf with the registry of the Court, or for that matter, with the First Respondent’s solicitors notifying for some stated reason an inability on her part to attend at today’s hearing.  I am satisfied that, by a notice dated 16 September 2008, sent to the Appellant at the address for service which she specified in respect of the appeal to this Court, she has been given notice of the date, time and place of the appeal. 

2. Application has been made on behalf of the First Respondent for the dismissal of the proceeding in the circumstances pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). It seems to me that the occasion for the making of such an order of dismissal exists.

3. The orders that I make therefore are:

   1.the appeal is dismissed.

   2.the Appellant is to pay the First Respondent’s costs of and incidental to the appeal to be taxed, if not agreed.

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

Associate:

Dated:        18 November 2008

Counsel for the Applicant:	No Appearance by the Applicant
Solicitor for the Respondents:	Sparke Helmore

Date of Hearing:	13 November 2008
Date of Judgment:	13 November 2008