SZAIQ v Minister for Immigration and Multicultural and Indigenous Affairs

[2004] FCA 914

FEDERAL COURT OF AUSTRALIA

SZAIQ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 914

SZAIQ & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 113 of 2004

ALLSOP J
9 JULY 2004
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N113 of 2004

BETWEEN:	SZAIQ , SZAIR, SZAIS & SZAIT APPELLANTS
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	9 JULY 2004
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed pursuant to Order 52, rule 38A(1)(c) of the Federal Court Rules.

2.The adult male appellant pay the respondent’s costs to the sum fixed at $2,500.00.

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	N113 of 2004

BETWEEN:	SZAIQ , SZAIR, SZAIS & SZAIT APPELLANTS
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	9 JULY 2004
WHERE MADE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter, the appellants are a family. The male husband is identified under the regime prescribed by section 91X of the Migration Act 1958 (Cth) as SZAIQ. It was SZAIQ who argued the matter before the Federal Magistrate. The Federal Magistrate made an order that the male appellant, SZAIQ, be appointed litigation guardian for his two children, SZAIS and SZAIT. Appellant SZAIR is the wife of SZAIQ.

2. There was no appearance in this appeal today. I had the matter called outside three times in the manner required by section 91X. There appears to be no one on the floor of the court who might answer the description of the appellant.

3. The matter was set down for hearing, and the parties were told of the hearing date by letter of my associate of 31 May 2004, the original which was received by the Minister's solicitors, which is exhibit A.  The Minister's solicitor, Ms Rayment from Sparke Helmore, sent submissions to the male appellant at the address on his notice of appeal on Monday, 5 July 2004, by registered mail, a copy of which displaying the registered mail receipt number is exhibit B.

4. There being no appearance, Ms Pepper, who appears for the Minister, requests that I make an order under Order 52, rule 38A(1)(c) of the Federal Court Rules dismissing the appeal, which I do.

5. Costs are sought against the male appellant but not the wife or children.  I order that the first appellant, that is SZAIQ, pay the costs of the Minister.

6. Having heard the evidence of Ms Rayment, I am prepared I am prepared to make an order for costs against the first appellant, SZAIQ, in the sum of $2,500.

7. The appeal will be otherwise dismissed.  The exhibits may be returned.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:             12 July 2004

Counsel for the Respondent:	Ms R Pepper
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	9 July 2004
Date of Judgment:	9 July 2004