FEDERAL COURT OF AUSTRALIA
SZCKC v Minister for Immigration and
Multicultural and Indigenous Affairs
[2006] FCA 962
NSD2357 OF 2005
COWDROY J
13 JULY 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2357 OF 2005 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZCKC Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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COWDROY J |
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DATE OF ORDER: |
13 JULY 2006 |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The applicant pay the respondent’s costs in the sum of $4,000.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2357 OF 2005 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZCKC Applicant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
COWDROY J |
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DATE: |
13 JULY 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In this matter the appellant has failed to appear at the time appointed for the hearing of his appeal. Although the Court has waited half an hour in case he was delayed, the appellant has not arrived. The appellant has not contacted the Court to indicate that he was unable to attend.
2 Accordingly, the respondent seeks an order that the proceedings be dismissed, pursuant to s 25(2B) of the Federal Court of Australia Act 1976 (Cth), with costs in the amount of $4,000. Since the appellant has not appeared, I will make that order.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cowdroy. |
Associate:
Dated: 28 July 2006
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Counsel for the Applicant: |
The applicant did not appear. |
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Counsel for the First Respondent: |
Ms S A Sirtes |
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Solicitor for the First Respondent: |
Clayton Utz |
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Date of Hearing: |
13 July 2006 |
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Date of Judgment: |
13 July 2006 |
