FEDERAL COURT OF AUSTRALIA
SZBFB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 826
MIGRATION – appeal from a decision of the Federal Magistrates Court of Australia – appeal dismissed
SZBFB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 131, upheld
SZBFB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 354 OF 2005
GYLES J
15 JUNE 2005
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
NSD 354 OF 2005 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
|
BETWEEN: |
SZBFB APPELLANT
|
|
AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
|
|
GYLES J |
|
|
DATE OF ORDER: |
15 JUNE 2005 |
|
WHERE MADE: |
SYDNEY |
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.
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY |
NSD 354 OF 2005 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
|
BETWEEN: |
SZBFB APPELLANT
|
|
AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
|
|
JUDGE: |
GYLES J |
|
DATE: |
15 JUNE 2005 |
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 This is what purports to be an appeal from a decision of the Federal Magistrates Court on 16 February 2005 (SZBFB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 131) in which the learned Federal Magistrate dismissed an application to that Court seeking relief in relation to a decision of the Refugee Review Tribunal made on 26 June 2002 and handed down on 18 July 2002. The grounds of appeal do not identify any appealable error on the part of the learned Federal Magistrate. The appellant was ordered to file and serve an amended notice of appeal and has not done so. He was ordered to file and serve written submissions prior to the hearing. He has not done so. The appeal is entirely without merit. It is a complete waste of the time of the Court and the respondent. The appeal is dismissed. I order that the appellant pay the costs of the respondent.
|
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles. |
Associate:
Dated: 21 June 2005
|
Counsel for the Appellant: |
The Appellant appeared in person |
|
|
|
|
Counsel for the Respondent: |
J Mitchell |
|
|
|
|
Solicitor for the Respondent: |
Clayton Utz |
|
|
|
|
Date of Hearing: |
15 June 2005 |
|
|
|
|
Date of Judgment: |
15 June 2005 |
