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. I certify that the preceding numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill. Associate: Dated: 9 March 2005 There was no appearance from the appellant Mr J A C Potts Counsel for the Respondent: Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 9 March 2005 Date of Judgment: 9 March 2005