SZHPV v Minister for Immigration & Multicultural Affairs [2006] FCA 1818

FEDERAL COURT OF AUSTRALIA

SZHPV v Minister for Immigration & Multicultural Affairs [2006] FCA 1818

Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb)(ii) SZHPV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1663 OF 2006

MIDDLETON J

17 November 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1663 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHPV

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE OF ORDER: 17 November 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs fixed in the amount of $1,200. 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 1663 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHPV

Appellant

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE: 17 nOVEMBER 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 In this matter having been called on, the appellant has failed to attend the hearing of this appeal. I am satisfied that the appellant would have been notified of the appeal and its time and place. In the circumstances I will order pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) that the appeal be dismissed because there has been a failure of the appellant to attend a hearing relating to the appeal. 2 In the circumstances of this case I will fix costs at $1,200, so the appeal is dismissed with costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice MIDDLETON.