SZBDA v Minister for Immigration and Multicultural and Indigenous Affairs

Case •

[2005] FCA 261

•

10 MARCH 2005

FEDERAL COURT OF AUSTRALIA

SZBDA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 261

SZBDA V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

N 180 of 2005

JACOBSON J
10 MARCH 2005
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 180 OF 2005

BETWEEN:

SZBDA
APPLICANT

AND:

MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

JACOBSON J

DATE OF ORDER:

10 MARCH 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed, pursuant to s25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth);

2.The appellant to pay the respondent’s costs, fixed in the amount of $300.00.

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

N 180 OF 2005

BETWEEN:

SZBDA
APPLICANT

AND:

MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

JACOBSON J

DATE:

10 MARCH 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. This matter was listed for directions today.  The appellant filed a notice of appeal on 9 February 2005.  The notice of appeal states that a directions hearing was to take place today at 9.30 am. 

  2. The matter was called outside the Court at 9.30 am but there was no appearance by the appellant.  It is now 9.50 am and there is still no appearance.  Ms Gray, who appears for the Minister asks me to exercise my powers under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) to dismiss the appeal.  It seems to me to be appropriate that I exercise my powers accordingly.  I will therefore order pursuant to section 25(2B)(bb)(ii), that the appeal be dismissed.

  3. I will order that the appellant pay the Minister's costs of the proceeding fixed, pursuant to the rules, in the amount of $300.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:             16 March 2005

Counsel for the Applicant: The Applicant did not appear
Counsel for the Respondent: Ms Gray
Solicitor for the Respondent: Sparke Helmore
Date of Hearing: 10 March 2005
Date of Judgment: 10 March 2005
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