SZOLW v Minister for Immigration and Citizenship [2010] FCA 1299 (19 November 2010)

Last Updated: 7 February 2011

FEDERAL COURT OF AUSTRALIA

SZOLW v Minister for Immigration and Citizenship [2010] FCA 1299

Citation:		SZOLW v Minister for Immigration and Citizenship [2010] FCA 1299
Appeal from:		SZOLW v Minister for Immigration [2010] FMCA 699
Parties:		SZOLW v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number(s):		NSD 1243 of 2010
Judge:		JAGOT J
Date of judgment:		19 November 2010
Legislation:		Federal Court of Australia Act 1976 (Cth)
Date of hearing:	19 November 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	8
Counsel for the Appellant:	The Appellant did not appear
Solicitor for the First Respondent:	Mr G Johnson of DLA Phillips Fox Lawyers
Counsel for the Second Respondent:	The Second Respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1243 of 2010

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	JAGOT J
DATE OF ORDER:	19 NOVEMBER 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.
2. The appellant pay the first respondent’s costs of the appeal, as agreed or taxed.
   

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 1243 of 2010

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	JAGOT J
DATE:	19 NOVEMBER 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal against a decision of the Federal Magistrates Court (SZOLW v Minister for Immigration [2010] FMCA 699) dismissing an application for review of a decision of the Refugee Review Tribunal. The Tribunal affirmed the decision of a delegate of the Minister for Immigration and Citizenship refusing to grant the appellant a protection visa.
2. The Federal Magistrate delivered his reasons for judgment and made orders consequential thereupon on 3 September 2010 to the effect that the application be dismissed and the applicant pay the Minister’s costs assessed in the sum of $4,750.
3. On 23 September 2010 the appellant filed a notice of appeal setting out four appeal grounds.
4. On 15 November 2010, the Minister filed and served written submissions setting out reasons why the appeal should be dismissed.
5. An affidavit of Alison Lena Faron, affirmed 16 November 2010, has been read in evidence today. Ms Faron caused to be served on the appellant on 15 November 2010 a copy of the Minister’s submissions with a cover letter which Ms Faron despatched to both the PO Box number and street address identified by the appellant for the purposes of correspondence. The covering letter to the submissions reminded the appellant that the matter was listed for hearing today. The letter ended with a paragraph stating as follows:

If you do not attend we may seek to have the matter dismissed (with costs) for non-appearance.

6. When the matter was called this afternoon at approximately 2.25pm, the matter having been listed for hearing commencing at 2.15pm, there was no appearance on behalf of the appellant.
7. Mr Johnson, solicitor, appeared on behalf of the Minister and in the circumstances sought an order pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) dismissing the appeal for the failure of the appellant to attend the hearing relating to the appeal.
8. In circumstances where the matter was listed for hearing today and where I am satisfied notice of the hearing was given to the appellant, there is no reason in the circumstances to do other than accede to Mr Johnson’s application and pursuant to s 25(2B)(bb) of the Federal Court Act make the order dismissing the appeal.
   

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jagot.

Associate:

Dated: 24 November 2010