SZBMF v Minister for Immigration & Multicultural Affairs
[2006] FCA 991
•11 JULY 2006
FEDERAL COURT OF AUSTRALIA
SZBMF v Minister for Immigration & Multicultural Affairs
[2006] FCA 991SZBMF v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR
NSD 984 OF 2006
RARES J
11 JULY 2006
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 984 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZBMF
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENTJUDGE:
RARES J
DATE OF ORDER:
11 JULY 2006
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal be dismissed with costs.
2. Costs be fixed in the sum of $800.
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 984 OF 2006
ON APPEAL FROM T HE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN:
SZBMF
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
RESPONDENT
JUDGE:
RARES J
DATE:
11 JULY 2006
PLACE:
SYDNEY
REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)
This matter was called outside the Court when listed for hearing this morning. The applicant has not appeared. In an affidavit of Sharon Anne Burnett sworn 3 July 2006, she deposes that the applicant left Australia on 7 June 2006 and as at 22 June 2006, the records of the Department of Immigration and Multicultural Affairs do not reveal that the applicant has returned to Australia.
Pursuant to my powers under s 25(2)B(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), I order that the application for leave to appeal be dismissed with costs fixed in the sum of $800.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares. Associate:
Dated: 3 August 2006
The Applicant: No appearance Solicitor for the Respondent: Clayton Utz Date of Hearing: 11 July 2006 Date of Judgment: 11 July 2006
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