SZBUS v Minister for Immigration and Multicultural and Indigenous Affairs

Case •

[2005] FCA 608

•

12 MAY 2005

FEDERAL COURT OF AUSTRALIA

SZBUS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 608

SZBUS AND ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 519 of 2005

ALLSOP J
12 MAY 2005
SYDNEY


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 519 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE

BETWEEN:

SZBUS
FIRST APPELLANT

SZBUT
SECOND 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 appellants file and serve full written submissions in support of the appeal including but not limited to submissions as 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 appellants 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.
  5. The female appellant be in court on 24 June 2005.

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 519 of 2005

ON APPEAL FROM A DECISION OF A FEDERAL MAGISTRATE

BETWEEN:

SZBUS
FIRST APPELLANT

SZBUT
SECOND APPELLANT

AND:

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT

JUDGE:

ALLSOP J

DATE OF ORDER:

12 MAY 2005

WHERE MADE:

SYDNEY

REASONS FOR JUDGMENT

  1. In this matter a notice of appeal has been filed. Notwithstanding the fact that the grounds of appeal cover nine paragraphs, none of them identifies a coherent ground of appeal.  Rather than require an amended notice of appeal at this stage, I propose to require the filing of submissions in order that I may ascertain what the issue if any, is on the appeal. 

    1. On or before 17 June 2005 the appellants file and serve full written submissions in support of the appeal including but not limited to submissions as 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 appellants 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 female appellant be in court on 24 June 2005.

  2. I make those orders and I reserve the costs of today.

  3. The orders that I have made today are directed to both appellants.

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 first appellant appeared in person with the assistance of a Gujurati interpreter.
Counsel for the Respondent: Mr A J Crockett (Slr)
Solicitor for the Respondent: Australian Government Solicitor
Date of Hearing: 12 May 2005
Date of Judgment: 12 May 2005
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