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[2008] FCA 271
Federal Court of Australia
2008-03-04
Logan J
Original judgment source is linked above.
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
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
JUDGE: LOGAN J DATE OF ORDER: 4 MARCH 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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.
Counsel for the Applicant: No Appearance by the Appellant
SZKRJ
Minister for Immigration and Citizenship