FEDERAL COURT OF AUSTRALIA
SZJHC v Minister for Immigration and Citizenship [2008] FCA 312
Federal Court of Australia Act 1976 (Cth), s 25(2B)
SZJHC v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD2377 OF 2007
LOGAN J
7 MARCH 2008
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD2377 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZJHC Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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LOGAN J |
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DATE OF ORDER: |
7 MARCH 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 of, and incidental, to this application to be taxed, if not agreed.
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 |
NSD2377 OF 2007 |
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ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA |
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BETWEEN: |
SZJHC Applicant
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AND: |
MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent
REFUGEE REVIEW TRIBUNAL Second Respondent
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JUDGE: |
LOGAN J |
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DATE: |
7 MARCH 2008 |
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PLACE: |
SYDNEY |
EX TEMPORE REASONS FOR JUDGMENT
1 I indicate that in dismissing the appeal, I am acting under s 25(2B)(bb)(ii) of the Federal Court of Australia Act, on the basis of the non-attendance of the appellant when the case was called on, and on the information in the affidavit of Mr Baird filed on 29 February, which makes it plain that the appellant has left Australia.
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I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan. |
Associate:
Dated: 11 March 2008
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Counsel for the Applicant: |
No Appearance by the Appellant |
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
7 March 2008 |
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Date of Judgment: |
7 March 2008 |
