SZHXR v Minister for Immigration & Citizenship [2007] FCA 629 (1 May 2007)

Last Updated: 3 May 2007

FEDERAL COURT OF AUSTRALIA

SZHXR v Minister for Immigration & Citizenship

[2007] FCA 629

SZHXR v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND ANOR
NSD 46 OF 2007

RARES J
1 MAY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 46 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	RARES J
DATE OF ORDER:	1 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to ‘Minister for Immigration and Citizenship’.
2. The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).
3. The appellant pay the first respondent’s costs fixed in the sum of $3,000.

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 46 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	RARES J
DATE:	1 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

1 These proceedings were listed for hearing at 10.15 am this morning. When the appeal was called the appellant did not appear. I adjourned while the legal representatives for the Minister arranged for a telephone call to be made, with the potential assistance of the Court interpreter, to the mobile telephone number of the appellant. Counsel for the Minister has informed me that two attempts were made to telephone that number and on each occasion when it was called, it rang out.

2 Solicitors for the Minister informed the appellant of the listing for 10.15 am this morning on 30 March and 27 April this year. In those circumstances I am satisfied that the appellant has failed to attend the hearing.

3 Accordingly it is appropriate to make orders dismissing the appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and ordering the appellant to pay costs in the amount sought by the Minister fixed in the sum of $3,000.

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

Associate:

Dated: 2 May 2007

Appellant	No Appearance
Counsel for the Respondent:	RA Pepper
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	1 May 2006
Date of Judgment:	1 May 2006