FEDERAL COURT OF AUSTRALIA
SZFDW v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 685
SZFDW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 510 OF 2005
GYLES J
13 MAY 2005
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
NSD 510 OF 2005 |
|
BETWEEN: |
SZFDW APPLICANT
|
|
AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
|
|
GYLES J |
|
|
DATE OF ORDER: |
13 MAY 2005 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's costs assessed at $500.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
NSD 510 OF 2005 |
|
BETWEEN: |
SZFDW APPLICANT
|
|
AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
|
|
JUDGE: |
GYLES J |
|
DATE: |
13 MAY 2005 |
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is an application for leave to appeal from a judgment of Federal Magistrate Scarlett FM (SZFDW v Minister for Immigration [2005] FMCA 409).
2 As the transcript will record, the applicant for leave does not appear. He forwarded by fax shortly before the hearing what purports to be a faxed copy of a medical certificate which is entirely unhelpful. It does not state any medical illness and I certainly do not accept the genuineness of it.
3 If this were a case where one could see some underlying possibility of success or merit, I may take a different view. However, I have read the decision of the learned Federal Magistrate which includes a history of the actions taken by the applicant to challenge the failure of the delegate of the Minister to accord him a protection visa. I do not need to set those out, they are in the judgment from which the appeal is brought and I have been referred to an affidavit on the Magistrate's file which would be the foundation of those findings. It is a very unsatisfactory history which properly led the learned Federal Magistrate in proceedings commenced nearly 16 months after earlier proceedings had been dismissed in the Federal Court to dismiss the proceeding as incompetent and to summarily dismiss it as an abuse of process and because it fails to disclose a reasonable cause of action.
4 In my opinion, there is no possibility of any successful appeal and, exercising all of the powers I have under the rules, the application is dismissed. I order that the applicant pay the respondent's costs assessed at $500.
|
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles. |
Associate:
Dated: 30 May 2005
|
Counsel for the Applicant: |
The Applicant did not appear |
|
|
|
|
Solicitor for the Respondent: |
Sparke Helmore |
|
|
|
|
Date of Hearing: |
13 May 2005 |
|
|
|
|
Date of Judgment: |
13 May 2005 |
