FEDERAL COURT OF AUSTRALIA
SZJVG v Minister for Immigration and Citizenship
[2007] FCA 1208
SZJVG v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 823 OF 2007
RARES J
31 JULY 2007
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
NSD 823 OF 2007 |
|
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
|
BETWEEN: |
SZJVG Appellant
|
|
AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
|
|
RARES J |
|
|
DATE OF ORDER: |
31 JULY 2007 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The appeal is dismissed pursuant to section 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for failure of the appellant to attend the hearing of the appeal fixed for this day.
2. he appellant is to pay the first respondent’s costs fixed in the sum of $2,250.
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 823 OF 2007 |
|
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
|
BETWEEN: |
SZJVG Appellant
|
|
AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
|
|
JUDGE: |
RARES J |
|
DATE: |
31 JULY 2007 |
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 In this matter the appellant was called outside the Court. There was no appearance by the appellant. I am informed that the solicitor for the first respondent then telephoned the appellant on the telephone number contained on his notice of appeal and was greeted by a message that the service was switched off. The solicitor for the first respondent has given evidence that attempts to contact the appellant at the address he gave for service have, following a successful delivery on 18 June 2007, been met on two subsequent occasions with the envelope in which the letters were contained being returned with a notation to the effect that the appellant no longer lived at the address.
2 I am satisfied the appellant had notice of the hearing appointed for today. In those circumstances the first respondent asks that I make an order dismissing the appeal for failure of the appellant to attend. In my opinion such an order should be made with costs.
|
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: 10 August 2007
|
Appellant: |
No appearance |
|
|
|
|
Counsel for the Respondent: |
T Reilly |
|
|
|
|
Solicitor for the Respondent: |
Blake Dawson Waldron |
|
|
|
|
Date of Hearing: |
31 July 2007 |
|
|
|
|
Date of Judgment: |
31 July 2007 |
