SZAWT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 691

FEDERAL COURT OF AUSTRALIA

SZAWT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 691 SZAWT V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1897 OF 2004 MADGWICK J 24 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1897 OF 2004

BETWEEN: SZAWT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 24 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed, with costs. 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 N 1897 OF 2004

BETWEEN: SZAWT

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE: 24 MAY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

Madgwick J: 1 This is an appeal from a judgment of Federal Magistrate Barnes dismissing an application seeking review by the appellant of an adverse decision of the Refugee Review Tribunal. 2 The appellant has failed to appear on the hearing of the matter and it appears from the evidence that the appellant left Australia several days ago. The solicitor for the respondent asked that the appeal be dismissed with costs. On account of the appellant's non-appearance, it appears to me to be the appropriate order, which I will therefore make. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.

Associate: Dated: 30 May 2005 Solicitor for the Appellant: No appearance

Solicitor for the Respondent: Australian Government Solicitor