SZAWU v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 618

FEDERAL COURT OF AUSTRALIA

SZAWU v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 618

MIGRATION – Appeal from decision of Federal Magistrates Court – appeal dismissed.

Federal Court of Australia Act 1976 (Cth) SZAWU V MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1348 OF 2004 HILL J 9 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1348 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAWU

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL

DATE OF ORDER: 9 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1348 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAWU

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL

DATE: 9 MARCH 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT (Ex tempore – revised) HILL J: 1 This is an appeal from a decision of the Federal Magistrates Courtwhich dismissed an application for judicial review of a decision of the Refugee Review Tribunal. In circumstances where the appellant failed to make an appearance at the time set down for hearing and the Court has been informed by the respondent that records of the Department of Immigration indicate that the appellant has left the country, I order, in accordance with s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), that the appeal be dismissed for failure of the appellant to attend the hearing.