SZMYF v Minister for Immigration and Citizenship

[2009] FCA 491

FEDERAL COURT OF AUSTRALIA

SZMYF v Minister for Immigration and Citizenship [2009] FCA 491

SZMYF v MINISTER FOR IMMIGRATION AND CITIZENSHIP

NSD 157 of 2009

GRAHAM J
11 MAY 2009
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 157 of 2009

BETWEEN:	SZMYF Appellant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	GRAHAM J
DATE OF ORDER:	11 MAY 2009
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal, the subject of the Notice of Appeal filed 24 February 2009, be dismissed.

2.The appellant pay the respondent Minister’s costs.

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 157 of 2009

BETWEEN:	SZMYF Appellant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP Respondent

JUDGE:	GRAHAM J
DATE:	11 MAY 2009
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. It is now shortly after 11:00am.  The appeal in this matter was listed for hearing before me at 10:15 am today.  Notice of the listing of the appeal for hearing before me at 10:15 am today at the Law Courts Building, Queens Square, Sydney was given by the Court to the appellant and to the solicitors for the respondent Minister by letter dated 17 March 2009.  By letters dated 25 March 2009 and 24 April 2009 from the solicitors for the Minister to the appellant, the time and place of the hearing were confirmed. 

2. The appellant, who is identified for the purposes of these proceedings as ‘SZMYF’, has had both the name disclosed in the Notice of Appeal as his name and also the pseudonym by which he is known called three times outside the court.  He has not appeared.

3. In the circumstances the respondent Minister has asked that the Court make an order dismissing the appeal in accordance with s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). It seems to me appropriate that such an order should be made.

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

Associate:
Dated:        13 May 2009

Solicitor for the First Respondent: J Dinihan of Clayton Utz

Date of Hearing:	11 May 2009
Date of Judgment:	11 May 2009