FEDERAL COURT OF AUSTRALIA

SFGB v Minister for Immigration & Multicultural & Indigenous Affairs
[2003] FCAFC 128

SFGB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

S 274 of 2002

GRAY, COOPER AND SELWAY JJ

14 MAY 2003

ADELAIDE

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

THE COURT ORDERS THAT:

1.                         The hearing of the appeal be adjourned to a date to be fixed.

2.                         The costs of today be reserved.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

REASONS FOR JUDGMENT

THE COURT:

1                     The Court is satisfied that the appellant is not in a position to proceed with the appeal this morning.  It is unfortunate that there appear to have been failures of communication between those formerly acting for the appellant, the Court and the appellant, that have led to that situation.  In the circumstances we are of the view that justice cannot be done by forcing the appellant to proceed in his unprepared state.  We are fortified in that view by the concession made on behalf of the respondent that the respondent will not oppose an adjournment of the appeal.

2                     It is a matter of some regret that the appeal will not be likely to be heard until the August Full Court sittings of the Court.  We have acquainted the appellant with that fact and he has indicated that it is not a matter of great concern to him.  We note the request made on behalf of the respondent for the appeal to be proceeded with expeditiously and will convey that request to the Chief Justice and to the judge in charge of Full Court matters in Adelaide for their consideration in fixing the list for the August sittings.

3                     We also note and accept with gratitude the willingness of the respondent to ensure that the appellant receives copies of all the necessary papers for the appeal.

4                     It is perhaps necessary to add that, although it is unfortunate for him, it appears to be necessary for the appellant to appear unrepresented on the next occasion, unless he is able to arrange representation from his own resources.

5                     We propose to adjourn the hearing of the appeal to a date to be fixed.  We propose to reserve the costs of today.

6                     The orders of the Court will be:

1.                         The hearing of the appeal be adjourned to a date to be fixed.

2.                         The costs of today be reserved.

Associate:

Dated:              11 June 2003