FEDERAL COURT OF AUSTRALIA

SZAZT v Minister for Immigration & Multicultural & Indigenous Affairs
[2004] FCA 1698

SZAZT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD 1749 OF 2004

MOORE J

9 DECEMBER 2004

SYDNEY

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

THE COURT ORDERS THAT:

1.  The appeal be dismissed.

2.  The appellant pay the costs of the respondent.

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

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

REASONS FOR JUDGMENT

1                     I will make an order dismissing the appeal with costs.  I do so because the appellant has not appeared.  The court now has power to dismiss an appeal in those circumstances exercisable by a single judge.

2                     I am fortified in adopting this approach because the notice of appeal does not, in terms, appear to raise any issue of substance and, in any event, takes a form that appears to be a pro forma notice of appeal that I have seen in a number of cases in the recent past.

3                     Accordingly, I order the appeal be dismissed and the appellant pay the respondent's costs.

Associate:

Dated:              20 December 2004