SZEUA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1790

FEDERAL COURT OF AUSTRALIA

SZEUA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1790 SZEUA v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1738 of 2005 BRANSON J 24 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1738 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEUA

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 24 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondents' costs fixed in the sum of $3000.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1738 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEUA

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: BRANSON J

DATE: 24 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 The appellant, a citizen on Bangladesh, appeals to this Court from a judgment of the Federal Magistrates Court delivered on 1 September 2005. By that judgment, the Federal Magistrate dismissed the appellant's application for judicial review of a decision of the second respondent ('the Tribunal') affirming the decision of a delegate of the first respondent ('the Minister') to refuse the appellant a protection visa. 2 On this appeal being called for hearing at approximately 10.20 am today, the appellant was not in the court room and did not respond when the matter was called outside the court room. The court officer was unable to find the appellant either on level 3 or level 16 of the court building. I note for the record that the time is now 10.39 am by the Court's clock and the appellant has still not arrived at Court. 3 Counsel for the Minister has invited me to proceed under O 52 r 38A and hear this matter in the absence of the appellant. I consider it appropriate to do so. 4 I have the notice of appeal filed in this Court by the appellant. I also have the Minister's careful written submissions which have, in a minor way, been corrected and, also in a minor way, expanded upon by counsel for the Minister.