FEDERAL COURT OF AUSTRALIA

SZBOL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 260

SZBOL v Minister for Immigration and Multicultural and Indigenous Affairs

N 1976 of 2004

JACOBSON J

11 MARCH 2005

SYDNEY

THE COURT ORDERS THAT:

1.           The application is dismissed.

2.           No order as to costs.

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

REASONS FOR JUDGMENT

1.                       This is an application for extension of time to file and serve an application for leave to appeal against the orders and judgment of Federal Magistrate Driver, dated 27 October 2004.

2.                       The matter was listed for hearing on Wednesday, 9 March 2005.  Mr Angelovski, solicitor, appeared on that occasion for the applicant and asked for a short adjournment.  I adjourned the matter to today.  Mr Angelovski appears this morning and informs me that the applicant does not wish to pursue the application for leave to appeal, which is withdrawn. 

3.                       In those circumstances I think the appropriate order to make is that the application be dismissed. 

4.                       Mr Carter, for the Minister, seeks an order for costs.  Although ordinarily costs follow the event, I think that in the circumstances of this case it is appropriate for me to exercise my discretion to make no order as to costs. 

5.                       Mr Angelovski appeared on 9 March 2005 and informed me that he'd only very recently been approached for advice, and said on that occasion that it may well be that the applicant would not proceed with the application after he'd had the opportunity to be advised on the matter.

6.                       As I've said, the application was withdrawn this morning, and I think that in all the circumstances it is appropriate to make no order as to costs of the application.

Associate:

Dated:              16 March 2005