Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZISM v Minister for Immigration and Citizenship [2007] FCAFC 61
Procedure – appeal dismissed by reason of absence of appellant pursuant to s25(2B)(bb)(ii) of Federal Court of Australia Act 1976 – order dismissing appeal entered – Court has power under s25(2B)(bc) to set that order aside notwithstanding entry – application otherwise dismissed. Federal Court of Australia Act 1976 (Cth) ss 25(2B)(ba), (bb) and (bc) Bailey v Marinoff (1971) 125 CLR 529 referred to and considered CDJ v VAJ (1998) 197 CLR 172 applied DJL v The Central Authority (2000) 201 CLR 226 discussed Eastman v The Queen (2000) 203 CLR 1 applied Oshlack v Richmond River Council (1998) 193 CLR 72 applied Owners of 'Shin Kobe Maru' v Empire Shipping Co Inc (1994) 181 CLR 404 applied Pantzer v Wenkart [2007] FCAFC 27 referred to PMT Partners Pty Ltd (In Liq) v Australian National Parks and Wildlife Service (1995) 184 CLR 301 applied S353 of 2003 v Minister for Immigration and Citizenship [2007] FCAFC 13 discussed and in part disapproved SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 231 ALR 592 referred to Taylor v Taylor 143 CLR 1 referred to The Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285 applied SZISM v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1772 OF 2006
BLACK CJ, WEINBERG & ALLSOP JJ
3 MAY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1772 OF 2006
BETWEEN: SZISM
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: BLACK CJ, WEINBERG & ALLSOP JJ DATE OF ORDER: 3 MAY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application to set aside the orders of the Court made on 16 February 2007 and entered on 27 February 2007 be dismissed. 2. The parties file any submissions on costs within 14 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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