Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKRJ v Minister for Immigration and Citizenship [2008] FCA 271 Federal Court of Australia Act 1976 (Cth), s 25(2B) Federal Court Rules, Order 52, rule 38A SZKRJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2385 OF 2007
LOGAN J
4 MARCH 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD2385 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKRJ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: LOGAN J DATE OF ORDER: 4 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed on the basis of non-attendance. 2. The Appellant pay the First Respondent's costs of, and incidental to the appeal, to be taxed if not agreed. 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 NSD2385 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZKRJ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: LOGAN J
DATE: 4 MARCH 2008
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT 1 This matter was listed today for the hearing of an appeal from the Federal Magistrate at 9.30 am. I delayed coming in for a short time after that in the indulgent hope that there might be an attendance by or on behalf of the Appellant. Upon convening the court, the name of the matter was called, by direction, three times by the court officer. There was no attendance in response to the matter being called at the door of the court, as there had been no attendance slightly earlier when the case was formally called on for hearing. In those circumstances, and in the absence of there being any written submissions, of the alternatives presented on the one hand by O 52 r 38A and on the other hand under s 25(2B)(BB)(ii) of the Act, it seems to me that the more appropriate course to take is to act pursuant to the statute and to dismiss the case on the basis of a failure on the part of the Appellant to attend a hearing of the appeal. I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate