FEDERAL COURT OF AUSTRALIA
SZITQ v Minister for Immigration and Citizenship [2007] FCA 1227
SZITQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 778 OF 2007
BRANSON J
30 JULY 2007
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 778 OF 2007 |
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BETWEEN: |
SZITQ Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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BRANSON J |
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DATE OF ORDER: |
30 JULY 2007 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the costs of the first respondent fixed in the sum of $800.00.
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 778 OF 2007 |
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BETWEEN: |
SZITQ Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
BRANSON J |
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DATE: |
30 JULY 2007 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application for leave to appeal from an interlocutory judgment of the Federal Magistrates Court pronounced by Federal Magistrate Driver on 16 April 2007.
2 The applicant was not in the court room when the matter was called at approximately 2:20 pm. The applicant was still not in the court room at 2:35 pm.
3 I am satisfied that the Court has given notice of the date and time of today’s hearing by correspondence sent to the applicant at the address given on his application for leave to appeal. The representative of the Minister has also confirmed that advice has been sent to the applicant that he should be in Court today at 2:15 pm.
4 In the circumstances I accede to the request made by the Minister’s representative that the application be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia
Act 1976 (Cth) because of the failure of the applicant to attend the hearing.
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I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson. |
Associate:
Dated: 13 August 2007
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Counsel for the Applicant: |
The Applicant did not appear |
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Counsel for the Respondent: |
Mr P Reynolds |
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
30 July 2007 |
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Date of Judgment: |
30 July 2007 |
