FEDERAL COURT OF AUSTRALIA
SZDVD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1560
MIGRATION – appeal from decision of Federal Magistrates Court of Australia – no appearance by appellant – appeal dismissed
Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb)(ii)
SZDVD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1711 OF 2005
GYLES J
31 OCTOBER 2005
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 1711 OF 2005 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZDVD APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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GYLES J |
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DATE OF ORDER: |
31 OCTOBER 2005 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant is to pay the respondent’s costs fixed in the amount of $1,500.00.
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 1711 OF 2005 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZDVD APPELLANT
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AND: |
MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
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JUDGE: |
GYLES J |
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DATE: |
31 OCTOBER 2005 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 The circumstances of this matter have been outlined by the solicitor for the respondent. They involve several fixtures, this last fixture both having been fixed and notified with a view to bringing the matter to a head. I am satisfied that s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) gives me power to dismiss the proceeding. It is not entirely clear to me how O 52, particularly r 38 and r 38A, of the Federal Court Rules, interrelate to that provision. However, under the circumstances, I am satisfied that the failure to attend this hearing is an appropriate ground for dismissal.
2 I make orders in accordance with the short minutes of order which I have initialled and placed with the papers.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles. |
Associate:
Dated: 3 November 2005
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Counsel for the Appellant: |
The Appellant did not appear |
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Solicitor for the Respondent: |
B Mendelsohn, Blake Dawson Waldron |
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Date of Hearing: |
31 October 2005 |
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Date of Judgment: |
31 October 2005 |
