SZHTV v Minister for Immigration and Citizenship [2008] FCA 197

FEDERAL COURT OF AUSTRALIA

SZHTV v Minister for Immigration and Citizenship [2008] FCA 197

SZHTV v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2202 OF 2007

MIDDLETON J

27 FEBRUARY 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2202 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHTV

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J DATE OF ORDER: 27 FEBRUARY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs, fixed at $1,500. 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 2202 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZHTV

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: MIDDLETON J

DATE: 27 FEBRUARY 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 Today this matter has been called on for hearing and there has been no appearance by or on behalf of the appellant. I am satisfied that the appellant has been notified of the time and place of the hearing today, both through the Court and by the first respondent. I am informed and I accept that on 21 February 2008 the first respondent caused to be sent, by registered mail, the submission of the first respondent plus a covering letter which indicated the time and place of this hearing. 2 The Court has been given no explanation by the appellant for the non-attendance. There is nothing before me to indicate there was any basis, reasonable or otherwise, for the non-attendance. In the circumstances, I am prepared to exercise the power given under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) by which the Court is empowered to make an order dismissing the appeal for failure of the appellant to attend a hearing in relation to the appeal. I propose to dismiss the appeal. 3 In the circumstances, the Court now orders: (1) The appeal be dismissed; and (2) The appellant pay the first respondent's costs fixed at $1,500. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Middleton.