SZBUY v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1639

FEDERAL COURT OF AUSTRALIA

SZBUY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1639

MIGRATION – no point of principle

SZBUY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1848 OF 2005

MOORE J
3 NOVEMBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1848 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZBUY APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	3 NOVEMBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the respondent's costs.

3.Costs be fixed in the sum of $650.

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 1848 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	MOORE J
DATE:	3 NOVEMBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of a Federal Magistrate of 12 September 2005.  The notice of appeal was filed on 30 September 2005.  A return date for directions was noted in the notice of appeal at 11 am on 2 November 2005.  In the meantime, according to records of the Department of Immigration and Multicultural and Indigenous Affairs, which I accept for present purposes is an accurate record of the entry and departure of the appellant from Australia, the appellant left Australia on 28 October 2005 at 2.10 pm.

2. The appellant did not appear at 11 am on 2 November 2005 at a directions hearing before a Registrar for the reasons just explained. In those circumstances, the appellant has failed to attend a hearing relating to the appeal and I have power under s 25 of the Federal Court of Australia Act 1976 (Cth) to order that the appeal is to be dismissed. I propose to exercise that power. My doing so will be conditional upon the respondent to the appeal filing and serving an affidavit verifying that the appellant failed to appear on 2 November 2005 before a Registrar.

3. I further order that the costs of the appeal be fixed in the sum of $650.

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

Associate:

Dated:             16 November 2005

The Appellant did not appear.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	3 November 2005
Date of Judgment:	3 November 2005