FEDERAL COURT OF AUSTRALIA
SZBDU v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 715
MIGRATION – failure to appear - adjournment
SZBDU and SZBDZ v Minister for Immigration and Multicultural and Indigenous Affairs
NSD 282 of 2005
JACOBSON J
1 JUNE 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 282 of 2005 |
On Appeal from the Federal Magistrates Court
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BETWEEN: |
SZBDU FIRST APPELLANT
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SZBDV SECOND APPELLANT
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AND: |
Minister for Immigration and Multicultural and Indigenous Affairs RESPONDENT
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JACOBSON J |
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DATE OF ORDER: |
1 JUNE 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The matter be adjourned and listed for hearing on Friday 10 June 2005 at 9.30am.
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 282 of 2005 |
On Appeal from the Federal Magistrates Court
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BETWEEN: |
SZBDU FIRST APPELLANT
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SZBDV SECOND APPELLANT
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AND: |
Minister for Immigration and Multicultural and Indigenous Affairs RESPONDENT
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JUDGE: |
JACOBSON J |
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DATE: |
1 JUNE 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
Introduction
1 This matter was listed for hearing before me today at 10.15 am.
2 Last night I received a facsimile from the appellant attaching a medical certificate from Dr Dimitri Tcherkas of the North Strathfield Medical Centre.
3 On its face the certificate does suggest possible grounds for an adjournment of the hearing. However, the certificate is not verified, and the Minister is not in a position to test whether in fact what is said to be a damaged left knee and consequent pain is in fact so severe as to prevent the appellant from attending before me this morning on the hearing.
4 Nevertheless, it does seem to me to be appropriate in the circumstances to grant an adjournment; although I do so somewhat reluctantly.
5 The certificate states that the appellant will be unable and unfit for court attendance until 7 June 2005. I propose to adjourn the matter for hearing before me at 9.30 am on 10 June 2005.
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I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson. |
Associate:
Dated: 1 June 2005
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No Appearance for the Appellant |
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Counsel for the Respondent: |
Mr R Bromwich |
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
1 June 2005 |
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Date of Judgment: |
1 June 2005 |
