SZBFB v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 826

FEDERAL COURT OF AUSTRALIA

SZBFB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 826

MIGRATION – appeal from a decision of the Federal Magistrates Court of Australia – appeal dismissed

SZBFB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 131, upheld

SZBFB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 354 OF 2005

GYLES J
15 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 354 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZBFB APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	15 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed. 

2.The appellant pay the costs of the respondent.

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 354 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZBFB APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	GYLES J
DATE:	15 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is what purports to be an appeal from a decision of the Federal Magistrates Court on 16 February 2005 (SZBFB v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FMCA 131) in which the learned Federal Magistrate dismissed an application to that Court seeking relief in relation to a decision of the Refugee Review Tribunal made on 26 June 2002 and handed down on 18 July 2002. The grounds of appeal do not identify any appealable error on the part of the learned Federal Magistrate. The appellant was ordered to file and serve an amended notice of appeal and has not done so. He was ordered to file and serve written submissions prior to the hearing. He has not done so. The appeal is entirely without merit. It is a complete waste of the time of the Court and the respondent. The appeal is dismissed. I order that the appellant pay the costs of the respondent.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Associate:

Dated:             21 June 2005

Counsel for the Appellant:	The Appellant appeared in person
Counsel for the Respondent:	J Mitchell
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	15 June 2005
Date of Judgment:	15 June 2005