SZNID v Minister for Immigration and Citizenship

[2009] FCA 939

FEDERAL COURT OF AUSTRALIA

SZNID v Minister for Immigration and Citizenship [2009] FCA 939

SZNID v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 482 of 2009

GRAHAM J
21 AUGUST 2009
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 482 of 2009

BETWEEN:

SZNID
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GRAHAM J
DATE OF ORDER:	21 AUGUST 2009
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appellant’s appeal be dismissed.

2.        The appellant pay the first respondent’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
GENERAL DIVISION	NSD 482 of 2009

BETWEEN:

SZNID
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	GRAHAM J
DATE:	21 AUGUST 2009
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 27 May 2009 a Notice of Appeal was filed in this Court by the appellant who has been identified by the pseudonym ‘SZNID’.

2. On 22 June 2009 a letter was apparently sent by the Court to the appellant at the address given at the foot of his Notice of Appeal filed 27 May 2009, which was the same address as that included in a Notice of Change of Address forwarded to the Department of Immigration and Citizenship which reached the Department on 15 January 2009. The letter from the Court to the appellant notified him of the fact that his appeal would be heard today at 10:15am.

3. On 25 June 2009 the solicitor for the respondent Minister forwarded a copy of the Appeal Book to the appellant at the same address; again notifying him that the matter had been listed for hearing before the Court at 10:15am today and that the hearing would take place in the courtroom in which I am presently sitting.

4. A further letter was sent to the appellant on 18 August 2009 enclosing a copy of the respondent Minister’s submissions, once again reminding him of the fact that the hearing of his matter would take place before the Court in this courtroom at 10:15am today.

5. The name of the appellant and the pseudonym by which he is known have each been called outside the court three times and he has failed to appear.  It is now 10:36am.

6. In the circumstances the solicitor for the first respondent has asked the Court to dismiss the appeal in accordance with s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and it seems to be appropriate that I should do so.

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

Associate:

Dated:        21 August 2009

The Appellant did not appear.

Solicitor for the First Respondent: L B Buchanan of Australian Government Solicitor

The Second Respondent filed a submitting appearance.

Date of Hearing:	21 August 2009
Date of Judgment:	21 August 2009