Brannan v Minister for Immigration and Citizenship [2007] FCA 1900

FEDERAL COURT OF AUSTRALIA

Brannan v Minister for Immigration and Citizenship [2007] FCA 1900

PRACTICE AND PROCEDURE – non-attendance by applicant at hearing of the appeal – appeal dismissed pursuant to s 25(2B)(bb)(ii) – application to set aside order – whether Court has power to make such an order – where order made dismissing the appeal has been formally entered – where no prospects of succeeding on the appeal – application dismissed. MIGRATION – notification of delegate's decision returned to sender – where applicant alleged notification not received – whether there was evidence before the Tribunal that the Department complied with s 494B(4) – need not be decided as appeal would have been dismissed on alternative ground. Federal Court of Australia Act 1976 (Cth) s 25(2B) Migration Act 1958 (Cth) ss 338(2)(d), 494B(4) Migration Regulations 1994 (Cth) Schedule 2, cl 457.223 SZISM v Minister for Immigration and Citizenship [2007] FCAFC 61 followed THOMAS BRANNAN v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 1771 OF 2007

LANDER J

4 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1771 OF 2007

BETWEEN: THOMAS BRANNAN

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGE: LANDER J

DATE OF ORDER: 4 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant's application by notice of motion dated 14 November 2007 be dismissed. 2. The applicant pay the first respondent's costs of the application. 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 1771 OF 2007

BETWEEN: THOMAS BRANNAN