Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCCZ v Minister for Immigration and Citizenship [2007] FCA 1089 SZCCZ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1251 OF 2006
COWDROY J
6 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1251 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCCZ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J DATE OF ORDER: 6 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the first respondent be amended to read 'Minister for Immigration and Citizenship'. 2. The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). 3. Pursuant to Order 62 rule 4(2)(c) of the Federal Court Rules the appellant pay the costs of the First Respondent in the sum of $ 3500. 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 1251 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZCCZ
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 6 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of Federal Magistrate Barnes delivered on 7 June 2006 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 4 September 2001. The Tribunal had affirmed a decision of a delegate of the then Minister for Immigration and Multicultural Affairs ('the Minister') to refuse to grant a protection visa to the appellant. 2 The appellant did not appear at the hearing before the Court today. Accordingly the Minister has applied to have the proceedings dismissed for failure of the appellant to attend the appeal hearing pursuant to s 25(2B)(bb)(ii) of the Federal Court of the Australia Act 1976 (Cth). Despite such application, the Court will consider the appellant's claims on the material before it.
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