FEDERAL COURT OF AUSTRALIA
SZBMF v Minister for Immigration & Multicultural Affairs
[2006] FCA 991
SZBMF v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR
NSD 984 OF 2006
RARES J
11 JULY 2006
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALESDISTRICT REGISTRY |
NSD 984 OF 2006 |
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZBMF APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
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JUDGE: |
RARES J |
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DATE OF ORDER: |
11 JULY 2006 |
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WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed with costs.
2. Costs be fixed in the sum of $800.
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 |
|
|
NEW SOUTH WALESDISTRICT REGISTRY |
NSD 984 OF 2006 |
ON APPEAL FROM T HE FEDERAL MAGISTRATES COURT OF AUSTRALIA
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BETWEEN: |
SZBMF APPLICANT
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AND: |
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT
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JUDGE: |
RARES J |
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DATE: |
11 JULY 2006 |
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PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)
1 This matter was called outside the Court when listed for hearing this morning. The applicant has not appeared. In an affidavit of Sharon Anne Burnett sworn 3 July 2006, she deposes that the applicant left Australia on 7 June 2006 and as at 22 June 2006, the records of the Department of Immigration and Multicultural Affairs do not reveal that the applicant has returned to Australia.
2 Pursuant to my powers under s 25(2)B(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), I order that the application for leave to appeal be dismissed with costs fixed in the sum of $800.
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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 Rares. |
Associate:
Dated: 3 August 2006
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The Applicant: |
No appearance |
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Solicitor for the Respondent: |
Clayton Utz |
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Date of Hearing: |
11 July 2006 |
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Date of Judgment: |
11 July 2006 |
