FEDERAL COURT OF AUSTRALIA
SZHPV v Minister for Immigration & Multicultural Affairs [2006] FCA 1818
Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii)
SZHPV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL
NSD 1663 OF 2006
MIDDLETON J
17 November 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1663 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZHPV Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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MIDDLETON J |
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DATE OF ORDER: |
17 November 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the first respondent’s costs fixed in the amount of $1,200.
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 1663 OF 2006 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZHPV Appellant
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
MIDDLETON J |
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DATE: |
17 nOVEMBER 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In this matter having been called on, the appellant has failed to attend the hearing of this appeal. I am satisfied that the appellant would have been notified of the appeal and its time and place. In the circumstances I will order pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the appeal be dismissed because there has been a failure of the appellant to attend a hearing relating to the appeal.
2 In the circumstances of this case I will fix costs at $1,200, so the appeal is dismissed with costs.
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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 MIDDLETON. |
Associate:
Dated: 21 December 2006
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Counsel for the Appellant: |
The appellant did not appear. |
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Counsel for the Respondent: |
T Quinn |
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Solicitor for the Respondent: |
Phillips Fox |
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Date of Hearing: |
17 November 2006 |
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Date of Judgment: |
17 November 2006 |
