FEDERAL COURT OF AUSTRALIA
SZCEX v Minister for Immigration & Multicultural Affairs
[2006] FCA 1010
SZCEX AND ANOR v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR
NSD 955 OF 2006
RARES J
11 JULY 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALESDISTRICT REGISTRY |
NSD 955 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZCEX FIRST APPLICANT
SZCEY SECOND APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
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JUDGE: |
RARES J |
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DATE OF ORDER: |
11 JULY 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed with costs.
2. Costs be fixed in the sum of $1,200.
3. The applicant not file any further proceeding in this court seeking to challenge the decision of the Refugee Review Tribunal made on 27 November 2003 and handed down on 20 November 2003 or the decision of the delegate of the first respondent dated 25 February 2003 refusing to grant a protection visa without the leave of a Judge of this court.
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 WALESDISTRICT REGISTRY |
NSD 955 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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|
BETWEEN: |
SZCEX FIRST APPLICANT
SZCEY SECOND APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL SECOND RESPONDENT
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JUDGE: |
RARES J |
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DATE: |
11 JULY 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)
1 This matter was called outside the Court today. There was no appearance. The Court received at 10.19 am a letter from the first applicant dated today, saying that he had received the notice for hearing for today and asserting that he had not enough time to submit the papers because papers take some time to come from India and that was why he could not be ready by today. He asked for time to submit papers, said that he had no work rights and that is why he could not come to Sydney for his hearing and asked for the hearing to be on the phone. The second applicant has not appeared. Because they are husband and wife (see the reasons of the Refugee Review Tribunal at the first paragraph), I am satisfied that they are both aware of the hearing from the Court's letter to them fixing the hearing, dated 29 June 2006.
2 Pursuant to my powers under s 25(2)B(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), the applicants have failed to attend the hearing, and I order that the application be dismissed for want of appearance. I order that the applicants pay the respondent's costs fixed in the sum of $1,200. Under the inherent power of the Court, I order that the applicants not file any further proceeding in this court seeking to challenge the decision of the Refugee Review Tribunal made on 27 November 2003 and handed down on 20 November 2003 or the decision of the delegate of the first respondent dated 25 February 2003 refusing to grant a protection visa without the leave of a Judge of this court.
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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 Rares. |
Associate:
Dated: 4 August 2006
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The Applicant: |
No appearance |
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Solicitor for the Respondent: |
Sparke Helmore |
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Date of Hearing: |
11 July 2006 |
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Date of Judgment: |
11 July 2006 |
