SZHMI v Minister for Immigration and Citizenship [2007] FCA 1099 (14 August 2007)

Last Updated: 30 August 2007

FEDERAL COURT OF AUSTRALIA

SZHMI v Minister for Immigration and Citizenship [2007] FCA 1099

SZHMI v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 738 OF 2007

COWDROY J
14 AUGUST 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 738 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZHMI Appellant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent

JUDGE:	COWDROY J
DATE OF ORDER:	14 AUGUST 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) due to the failure of the Appellant to appear.

2. The Appellant pay the costs of the First Respondent in the sum of $2000.

3. The First Respondent notify the Appellant by letter of these orders forthwith.

4. Order 1 and 2 be postponed for seven days from today to allow any application to be made by the Appellant.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 738 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZHMI Appellant
AND:	MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent REFUGEE REVIEW TRIBUNAL Second Respondent

JUDGE:	COWDROY J
DATE:	14 AUGUST 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 On 31 July 2007 the Court Registry sent a letter to the appellant at the address for service identified on the appellant’s Notice of Appeal. Such letter clearly indicates the date, time and location of the hearing. In addition, by letter dated 6 August 2007 the solicitors for the first respondent (‘the Minister’) wrote to the appellant at the same address providing the Minister’s outline of submissions, and a reminder of the date, time and location of the hearing. Such letter also incorporated a map, showing the location of the Court building.

2 There has been no appearance by the appellant today and no further communication has been received by the Court or the Minister from him. In the circumstances, the Minister seeks an order pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the appeal be dismissed for the failure of the appellant to attend the hearing. An order for costs is also sought by the Minister in the sum of $2000.

3 In view of the absence of the appellant, the Court considers that it is appropriate to make such order subject to its effect being postponed for a period of seven days to allow the appellant to make any application that might be necessary.

4 Accordingly, the Court dismisses the appeal and makes orders as above.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cowdroy.

Associate:

Dated: 14 August 2007

Counsel for the Appellant:	The appellant did not appear
Solicitor for the Respondent:	DLA Phillips Fox
Date of Hearing:	14 August 2007
Date of Judgment:	14 August 2007