SZNRA v Minister for Immigration and Citizenship

[2010] FCA 122

FEDERAL COURT OF AUSTRALIA

SZNRA v Minister for Immigration and Citizenship [2010] FCA 122

Citation:		SZNRA v Minister for Immigration and Citizenship [2010] FCA 122
Appeal from:		SZNRA v Minister for Immigration & Anor [2009] FMCA 1108
Parties:		SZNRA v MINISTER FOR IMMIGRATION AND CITIZENSHIP  and REFUGEE REVIEW TRIBUNAL
File number:		NSD 1404 of 2009
Judge:		YATES J
Date of judgment:		23 February 2010
Date of hearing:	22 February 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	7
Solicitor for the First Respondents:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1404 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZNRA
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	YATES J
DATE OF ORDER:	22 FEBRUARY 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Appeal is dismissed.

2.The appellant pay the first respondent’s costs assessed in the sum of $1480.00.

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 Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1404 of 2009

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZNRA
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	YATES J
DATE:	23 FEBRUARY 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Yesterday afternoon I made an order dismissing the appeal and ordering the appellant to pay the first respondent’s costs assessed in the sum of $1,480.00.  My reasons for making those orders are as follows.

2. When this appeal was called on for hearing there was no appearance by the appellant.  There was an appearance for the first respondent by Ms Griffin who is a solicitor employed by the Australian Government Solicitor.  An interpreter was also present.

3. I had the matter called outside the Court.  There was still no appearance.

4. I adjourned the hearing for a short time to enable enquiries to be made as to the whereabouts of the appellant.  The first respondent’s solicitor had a telephone number for the appellant and I was informed that, with the assistance of the interpreter, contact was made with the appellant using that telephone number. 

5. When the hearing resumed I was informed that, in the course of the telephone conversation, the appellant informed the interpreter that she wished to withdraw her appeal.

6. The first respondent filed in Court an affidavit of Benjamin James May affirmed on 22 February 2010.  Mr May deposed to the costs and disbursements incurred by the first respondent in relation to the appeal.  The first respondent sought a fixed costs order of $1,480.00.  I note that this sum is considerably less than the amount fixed by the relevant scale.  Having regard to the contents of the affidavit, I was satisfied that the sum claimed was a reasonable amount for costs assessed on a party-party basis. 

7. In the circumstances I dismissed the appeal and ordered that the appellant pay the first respondent’s costs assessed in the sum of $1,480.00.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Yates.

Associate:

Dated:       23 February 2010