FEDERAL COURT OF AUSTRALIA
SZATD v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1559
SZATD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1434 of 2004
WHITLAM J
23 NOVEMBER 2004
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1434 OF 2004 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZATD APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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WHITLAM J |
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DATE OF ORDER: |
23 NOVEMBER 2004 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1434 OF 2004 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZATD APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
WHITLAM J |
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DATE: |
23 NOVEMBER 2004 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an appeal from a judgment of the Federal Magistrates Court dismissing an application under s 39B of the Judiciary Act 1903 for relief in respect of a decision of the Refugee Review Tribunal (‘the Tribunal’): SZATD v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 586. The Tribunal’s decision, which was handed down on 14 October 2003, affirmed a decision of the respondent’s delegate refusing to grant the appellant a protection visa.
2 The appellant has not attended at the appointed time for the hearing today. Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 I order that the appeal be dismissed with costs.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Whitlam. |
Associate:
Dated: 1 December 2004
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No appearance by the appellant |
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Counsel for the Respondent: |
R J Bromwich |
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Solicitor for the Respondent: |
Ms K Alexander from the Australian Government Solicitor |
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Date of Hearing: |
23 November 2004 |
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Date of Judgment: |
23 November 2004 |
