Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant S1152/2003 v Minister for Immigration and Citizenship [2007] FCA 1472
APPLICANT S1152/2003 v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1353 OF 2007
MOORE J
18 SEPTEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1353 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT S1152/2003
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MOORE J
DATE OF ORDER: 18 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed. 2. The applicant pay the first respondent's costs fixed in the sum of $1200. 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 1353 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: APPLICANT S1152/2003
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MOORE J
DATE: 18 SEPTEMBER 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is what purports to be a notice of appeal from a judgment of a Federal Magistrate of 28 June 2007: see Applicant S1152/2003 v Minister for Immigration & Anor [2007] FMCA 1536, which was almost certainly interlocutory. I will treat the matter as an application for leave to appeal. 2 The applicant has not appeared at the hearing. Having regard to the correspondence from the Court of 29 August 2007 and from the Australian Government Solicitor of 13 September 2007 addressed to the applicant at his address for service, I am satisfied that the applicant was aware that the matter was listed for hearing today. The solicitor appearing for the Minister has sought that the application be dismissed on the basis that the applicant has not appeared. I propose to order that the application be dismissed. I order that the applicant pay the respondent's costs fixed in the sum of $1200. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.
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