SZBDU v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 715

FEDERAL COURT OF AUSTRALIA

SZBDU v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 715

MIGRATION  – failure to appear - adjournment

SZBDU and SZBDZ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 282 of 2005

JACOBSON J
1 JUNE 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 282 of 2005

On Appeal from the Federal Magistrates Court

BETWEEN:	SZBDU FIRST APPELLANT
SZBDV SECOND APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	JACOBSON J
DATE OF ORDER:	1 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The matter be adjourned and listed for hearing on Friday 10 June 2005 at 9.30am.

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 282 of 2005

On Appeal from the Federal Magistrates Court

BETWEEN:	SZBDU FIRST APPELLANT
SZBDV SECOND APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	JACOBSON J
DATE:	1 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

Introduction

1. This matter was listed for hearing before me today at 10.15 am. 

2. Last night I received a facsimile from the appellant attaching a medical certificate from Dr Dimitri Tcherkas of the North Strathfield Medical Centre. 

3. On its face the certificate does suggest possible grounds for an adjournment of the hearing.  However, the certificate is not verified, and the Minister is not in a position to test whether in fact what is said to be a damaged left knee and consequent pain is in fact so severe as to prevent the appellant from attending before me this morning on the hearing. 

4. Nevertheless, it does seem to me to be appropriate in the circumstances to grant an adjournment; although I do so somewhat reluctantly.

5. The certificate states that the appellant will be unable and unfit for court attendance until 7 June 2005.  I propose to adjourn the matter for hearing before me at 9.30 am on 10 June 2005.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:            1 June 2005

No Appearance for the Appellant
Counsel for the Respondent:	Mr R Bromwich
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	1 June 2005
Date of Judgment:	1 June 2005