FEDERAL COURT OF AUSTRALIA

SZJNS v Minister for Immigration & Citizenship [2007] FCA 787

SZJNS v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 318 OF 2007

MADGWICK J

8 MAY 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 318 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJNS

Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE:	MADGWICK J
DATE OF ORDER:	8 MAY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant is to pay the respondent’s costs assessed in the sum of $3,000.

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 318 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJNS

Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE:	MADGWICK J
DATE:	8 MAY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

HIS HONOUR

1 This appeal from a decision of the Federal Magistrates Court involving, at its essence, a claim of the appellant to be a refugee, was listed for hearing at 2.15 pm today. At 2.35 pm there was no appearance by or for the appellant and I therefore, as requested by the respondent, make an order that the appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

2 The appellant is to pay the respondent’s costs assessed in the sum of $3,000.

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

Associate:

Dated: 23 May 2007

Counsel for the Appellant:	No appearance

Counsel for the Respondent:	Tim Reilly

Solicitor for the Respondent:	Phillips Fox

Date of Hearing:	8 May 2007

Date of Judgment:	8 May 2007

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