FEDERAL COURT OF AUSTRALIA

 

SZAHC v Minister for Immigration & Multicultural &
Indigenous Affairs [2005] FCA 753


SZAHC v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS


NSD 670 of 2005

 

LINDGREN J

8 JUNE 2005

SYDNEY



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NSD 670 OF 2005

 

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

 

BETWEEN:

SZAHC

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

JUDGE:

LINDGREN J

DATE OF ORDER:

8 JUNE 2005

WHERE MADE:

SYDNEY

 

 

THE COURT ORDERS THAT:

 

1.         The appeal be dismissed.

2.         The appellant pay the respondent’s costs of the appeal.

3.         The respondent be entitled to a fixed sum of $300 in lieu of taxed costs, in respect of the costs referred to in order 2.


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 670 OF 2005

 

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

 

BETWEEN:

SZAHC

APPELLANT

 

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

 

 

JUDGE:

LINDGREN J

DATE:

8 JUNE 2005

PLACE:

SYDNEY


REASONS FOR JUDGMENT

1                     The appellant appeals from a decision of the Federal Magistrates Court of Australia given on 1 April 2005.

2                     Upon the appeal being called on for hearing, the appellant has not appeared.

3                     Ms M Asimus, the solicitor for the respondent Minister, asks that I dismiss the appeal under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), and I see no reason not to accede to her request.

4                     Accordingly, the appeal will be dismissed with costs.


I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.



Associate:


Dated:              8 June 2005




The Appellant did not appear




Solicitor for the Respondent:

Ms M Asimus, Blake Dawson Waldron



Date of Hearing:

8 June 2005



Date of Judgment:

8 June 2005