SZBFL v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 607

FEDERAL COURT OF AUSTRALIA

SZBFL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 607

SZBFL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 439 of 2005

ALLSOP J
12 MAY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 439 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE

BETWEEN:	SZBFL APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	ALLSOP J
DATE OF ORDER:	12 MAY 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. On or before 17 June 2005 the appellant file and serve:

1. an amended notice of appeal with adequate particulars setting out the grounds of appeal; and

b.   full written submissions in support of the appeal including but not limited to any submissions as to whether one Judge or three Judges should hear the appeal.

2. Subject to order 3, the matter stand over to Friday, 24 June 2005 at 2.15pm for directions.
3. If order 1 is not complied with, the Court will hear the appellant at 2.15pm on 24 June 2005 as to why the Court should not dismiss the appeal under s 25 (2B) (bb) (i) of the Federal Court of Australia Act 1976 (Cth) for failure to comply with the a direction of the Court.
4. The costs of today be reserved.

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 439 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE

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

JUDGE:	ALLSOP J
DATE:	12 MAY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was listed on 28 April 2005, the appellant rang my chambers and spoke to my associate shortly prior to then, advised who he was and that he had an injury which would prevent him coming to Court. There was a question of a telephone link. I indicated I would not have a telephone link but I would adjourn the matter for two weeks. The matter is in the list today at 9.00 am for directions, there was no appearance by the appellant, the matter was called three times outside by the necessary acronym by reason of s 91X of the Migration Act1958 (Cth).

2. The notice of appeal has not a scintilla of assistance as to what the error of the learned Federal Magistrate was. This is a notice of appeal from the Federal Magistrates Court. The grounds of appeal are entirely uninformative. 

3. I propose to make the following orders: 

   1.   On or before 17 June 2005 the appellant file and serve:

   a.   an amended notice of appeal with adequate particulars setting out the grounds of appeal; and

   b.   full written submissions in support of the appeal including but not limited to any submissions as to whether one Judge or three Judges should hear the appeal.

   2.   Subject to order 3, the matter stand over to Friday, 24 June 2005 at 2.15pm for directions.

   3.   If order 1 is not complied with, the Court will hear the appellant at 2.15pm on 24 June 2005 as to why the Court should not dismiss the appeal under s 25 (2B) (bb) (i) of the Federal Court of Australia Act 1976 (Cth) for failure to comply with the a direction of the Court.

   4.   The costs of today be reserved.

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

Associate:

Dated:             19 May 2005

The appellant appeared in person after the matter was called and heard.
Counsel for the Respondent:	Mr A Carter (Slr)
Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	12 May 2005
Date of Judgment:	12 May 2005