SZAJB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 782

FEDERAL COURT OF AUSTRALIA

SZAJB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 782 SZAJB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 240 of 2004 BRANSON J 8 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 240 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAJB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 8 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 240 of 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAJB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: BRANSON J

DATE: 8 JUNE 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

introduction 1 This is an appeal from a decision of a Federal Magistrate who dismissed the appellant's application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal'). The Tribunal had affirmed a decision of a delegate of the respondent to refuse to grant the appellant a protection visa. The Tribunal made its decision in circumstances in which the appellant had failed to attend a scheduled hearing before the Tribunal. The reasons for judgment of the learned Federal Magistrate record that the appellant advised the Federal Magistrate: 'I did not go to the hearing because I was told by a few people if you go there you will be caught.'

Like the Federal Magistrate, the only weight that I place on this statement, the phraseology of which might reflect a lack of facility in the English language, is that the appellant was aware of the scheduled hearing date and could have attended had he chose to do so.