FEDERAL COURT OF AUSTRALIA
SZHTV v Minister for Immigration and Citizenship [2008] FCA 197
SZHTV v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 2202 OF 2007
MIDDLETON J
27 FEBRUARY 2008
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2202 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZHTV Appellant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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MIDDLETON J |
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DATE OF ORDER: |
27 FEBRUARY 2008 |
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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 at $1,500.
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 2202 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZHTV Appellant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
MIDDLETON J |
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DATE: |
27 FEBRUARY 2008 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 Today this matter has been called on for hearing and there has been no appearance by or on behalf of the appellant. I am satisfied that the appellant has been notified of the time and place of the hearing today, both through the Court and by the first respondent. I am informed and I accept that on 21 February 2008 the first respondent caused to be sent, by registered mail, the submission of the first respondent plus a covering letter which indicated the time and place of this hearing.
2 The Court has been given no explanation by the appellant for the non-attendance. There is nothing before me to indicate there was any basis, reasonable or otherwise, for the non-attendance. In the circumstances, I am prepared to exercise the power given under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) by which the Court is empowered to make an order dismissing the appeal for failure of the appellant to attend a hearing in relation to the appeal. I propose to dismiss the appeal.
3 In the circumstances, the Court now orders:
(1) The appeal be dismissed; and
(2) The appellant pay the first respondent’s costs fixed at $1,500.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton. |
Associate:
Dated: 29 February 2008
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Counsel for the Appellant: |
No appearance |
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Solicitor for the First Respondent: |
Sparke Helmore |
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Date of Hearing: |
27 February 2008 |
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Date of Judgment: |
27 February 2008 |
