SZNJS v Minister for Immigration and Citizenship

[2009] FCA 806

FEDERAL COURT OF AUSTRALIA

SZNJS v Minister for Immigration and Citizenship [2009] FCA 806

SZNJS v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

TAD 19 of 2009

MARSHALL J
31 JULY 2009
HOBART

IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY
GENERAL DIVISION	TAD 19 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZNJS
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MARSHALL J
DATE OF ORDER:	31 JULY 2009
WHERE MADE:	HOBART

THE COURT ORDERS THAT:

1.Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), in the absence of the appearance of the appellant, the appeal is dismissed.

2.The appellant pay the respondent’s costs of the appeal to be agreed or to be taxed in default of agreement.

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
TASMANIA DISTRICT REGISTRY
GENERAL DIVISION	TAD 19 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZNJS
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	MARSHALL J
DATE:	31 JULY 2009
PLACE:	HOBART

REASONS FOR JUDGMENT

1. The appellant appeals from a decision of the Federal Magistrates’ Court of Australia given on 28 May 2009.

2. Attempts were made immediately prior to the hearing to contact the appellant for a telephone link on a telephone number provided by the appellant to the Court. The telephone number was not in service and the appellant could not be reached.

3. The appellant was called immediately outside the court room and audibly throughout the Court precinct. This was done with the assistance of a Mandarin interpreter using both the appellant’s actual name and her pseudonym for the purposes of this proceeding. The appellant has not appeared.

4. Counsel for the respondent Minister, asks that I dismiss the appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), and I see no reason not to accede to that request.

5. Accordingly, the appeal will be dismissed with costs, to be taxed in default of agreement.

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

Associate:

Dated:        31 July 2009

The Appellant did not appear.
Counsel for the First Respondent:	Mr D Wilson
Solicitor for the First Respondent:	Australian Government Solicitor

Date of Hearing:	31 July 2009
Date of Judgment:	31 July 2009