Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZJSN v Minister for Immigration and Citizenship [2007] FCA 1232
SZJSN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 820 OF 2007
BRANSON J
30 JULY 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 820 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJSN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J
DATE OF ORDER: 30 JULY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent. 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 820 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZJSN
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: BRANSON J
DATE: 30 JULY 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This matter was listed for hearing at 10:15 am today and neither at that time nor at 10:30 am was the appellant present in the court room. After the matter was called for hearing at approximately 10.25 the court officer called the appellant by pseudonym outside the court room and also attended at the Registry floor but was unable to find the appellant. 2 The Minister by his counsel, Ms Pepper, invites the Court in the circumstances to dismiss the appeal pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) because of the failure of the appellant to attend the hearing of his appeal. 3 I am satisfied that the appellant has been given notice both of the date and the time of this morning's hearing by the Court and also by the respondent Minister. In the circumstances I make the order sought by Ms Pepper. This appeal is dismissed by reason of
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