FEDERAL COURT OF AUSTRALIA

 

SZJMS v Minister for Immigration and Citizenship [2007] FCA 704

 


SZJMS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 155 OF 2007

 

BRANSON J

3 MAY 2007

SYDNEY



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NSD 155 OF 2007

 

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

 

BETWEEN:

SZJMS

Applicant

 

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

 

REFUGEE REVIEW TRIBUNAL

Second Respondent

 

 

JUDGE:

BRANSON J

DATE OF ORDER:

3 MAY 2007

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

1.                  The name of the first respondent be changed to Minister for Immigration and Citizenship.

2.                  The application be dismissed.

3.                  The applicant pay the costs of the first respondent fixed in the sum of $750.00.


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 155 OF 2007

 

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

 

BETWEEN:

SZJMS

Applicant

 

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

 

REFUGEE REVIEW TRIBUNAL

Second Respondent

 

 

JUDGE:

BRANSON J

DATE:

3 MAY 2007

PLACE:

SYDNEY


REASONS FOR JUDGMENT

1                     This matter having been listed for hearing at 10:15 am this morning and the applicant not being present in Court when the matter was called at 10:35 am, the Minister’s representative requested that I dismiss the application for leave to appeal from the judgment of the Federal Magistrates Court delivered on 16 January 2007 pursuant to O 35A of the Federal Court Rules 1979 (Cth).  I am more comfortable than I might otherwise be in doing so because I have given careful consideration to the application and am satisfied that it is entirely without merit.

2                     The application is therefore dismissed.

 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.



Associate:


Dated:         11 May 2007



Counsel for the Applicant:

The applicant did not appear

 

 

Solicitor for the Respondent:

Clayton Utz

 

 

Date of Hearing:

3 May 2007

 

 

Date of Judgment:

3 May 2007