SZDTB v Refugee Review Tribunal [2005] FCA 672

FEDERAL COURT OF AUSTRALIA

SZDTB v Refugee Review Tribunal [2005] FCA 672 SZDTB v REFUGEE REVIEW TRIBUNAL AND MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 348 of 2005 BRANSON J 27 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 348 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDTB

APPELLANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 20 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed in reliance on s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). 2. The appellant pay the second respondent's costs fixed in the sum of $2400.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 348 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZDTB

APPELLANT

AND: REFUGEE REVIEW TRIBUNAL

FIRST RESPONDENT

MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

SECOND RESPONDENT

JUDGE: BRANSON J

DATE: 27 MAY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 20 May 2005 I acceded to a request made by counsel for the second respondent to dismiss this appeal from a judgment of the Federal Magistrates Court pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) ('the Act'). That subparagraph authorises a judge to make an order that an appeal be dismissed for failure of the appellant to attend a hearing relating to the appeal. These are short reasons for my decision to order that the appeal be dismissed. 2 This appeal was listed for hearing on 20 May 2005. The appellant did not attend the hearing. I consider that a hearing of an appeal is 'a hearing relating to the appeal' within the meaning of s 25(2B)(bb)(ii) of the Act. 3 I was satisfied that the appellant had due notice that his appeal was listed for hearing on 20 May 2005. He was present in Court on 7 April 2005 when I listed his appeal for hearing on that date. Further he has corresponded with the Court and the respondents' legal representatives in terms that disclose his awareness of the fact that his appeal was listed for hearing on 20 May 2005. 4 On 7 April 2005 I made certain orders intended to facilitate the orderly hearing of this appeal. One of those orders gave the appellant leave to file and serve an amended notice of appeal by 28 April 2005. The notice of appeal filed by the appellant was drawn in confusing terms and failed to pay any significant regard to the reasons for judgment of the Federal Magistrate. Another of the orders that I made on 7 April 2005 required the appellant to file and serve a written outline of submissions five working days prior to the hearing. The appellant did not file an amended notice of appeal. Nor did he comply with the order requiring him to file an outline of submissions. It was open to the second respondent to invite the Court to make an order that the appeal be dismissed for failure to comply with a direction of the Court (s 25(2B)(bb)(i) of the Act). 5 On 28 April 2005 the appellant sent a letter to the Court by facsimile transmission in the following terms: 'I am the Appellant in the above matter which has been set down for hearing on 20 May 2005. I am not represented by a solicitor or a barrister and wish to make no representations other than what was put to the Federal Magistrate in the Court below. I say that the arguments advanced on my behalf to the court were correct and that appeal should be allowed. I do not wish to file any amended appeal.'