SZLDH v Minister for Immigration and Citizenship [2008] FCA 819

FEDERAL COURT OF AUSTRALIA

SZLDH v Minister for Immigration and Citizenship [2008] FCA 819

SZLDH v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

NSD 441 of 2008

COWDROY J

4 JUNE 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 441 of 2008

BETWEEN: SZLDH

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE OF ORDER: 4 JUNE 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal 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 441 of 2008

BETWEEN: SZLDH

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: COWDROY J

DATE: 4 JUNE 2008

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant applies to this Court for leave to appeal from the interlocutory decision of Federal Magistrate Scarlett delivered on 19 December 2007. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 6 April 1999. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Citizenship ('the Minister') not to grant the applicant a Protection (Class XA) visa ('the protection visa'). 2 The application for judicial review of the Tribunal decision came before the Federal Magistrates Court of Australia on 3 September 2007. The hearing was fixed for Monday 10 September 2007. On that date the applicant did not attend and Federal Magistrate Scarlett accordingly dismissed the application pursuant to r 13.03A of the Federal Magistrates Court Rules 2001 (Cth). Such rule provides: Default of appearance of a party