Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHSX v Minister for Immigration and Citizenship [2008] FCA 512
SZHSX v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1921 OF 2007
COWDROY J
11 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1921 OF 2007
BETWEEN: SZHSX
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 11 APRIL 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The Applicant 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 1921 OF 2007
BETWEEN: SZHSX
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 11 APRIL 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By notice of motion filed on 21 February 2008, the applicant seeks to set aside the decision of this Court delivered by Justice Finn on that date. The notice of motion is supported by an affidavit sworn by the applicant on 20 February 2008 which provides the reason for his non-attendance at the hearing of his appeal. The affidavit relevant states: I went to 88 Goulburn [sic] St., 21C, for the hearing by mistake. I went to the wrong Federal Court. I missed the hearing. I hope that I can be given another chance for the hearing.
2 On 25 October 2007 the Registry directed that written submissions be filed by the applicant not later than five working days before the hearing date. No submissions were received by the Court. By letter dated 4 December 2007 the Registry notified the parties of the fixture for the hearing of the appeal on 20 February 2008. When the matter was called before his Honour on 20 February 2008, the applicant did not appear at the hearing. His Honour duly handed down his judgment on 21 February 2008. 3 The applicant's notice of motion is opposed by the first respondent. The first respondent has filed two affidavits sworn by Alison Lena Faron on 19 February 2008 and 27 February 2008. The first affidavit establishes that on 14 February 2008 the first respondent's written submissions were served on the applicant. Accompanying the first respondent's submissions was a letter dated 14 February 2008 which relevantly reads: We refer to the above matter and enclose by way of service, an unsealed copy of the First Respondent's Outline of Submissions.
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