SZBYM v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1146

FEDERAL COURT OF AUSTRALIA

SZBYM v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1146

SZBYM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

NSD935 of 2005

EDMONDS J
17 AUGUST 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD935 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZBYM APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	EDMONDS J
DATE OF ORDER:	17 AUGUST 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellant pay the respondent’s costs fixed in the sum of $1,500.

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	NSD935 of 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	EDMONDS J
DATE:	17 AUGUST 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT GIVEN EX TEMPORE
(REVISED FROM THE TRANSCRIPT)

1. After considering the reasons for judgment of the Federal Magistrate below, I have formed the view that they disclose no error on his part in deciding that the Tribunal committed no jurisdictional error. 

2. It is clear from a reading of the Tribunal’s the reasons for decision that the Tribunal did not fail in any of the ways asserted in the first three grounds of the appellant’s notice of appeal [2 – 4]; it is equally clear from a reading of the Federal Magistrate’s reasons for judgment below that he did not fail in the way asserted in the final ground of appeal [5].

3. The appellant made no written or oral submissions in support of his appeal and in the circumstances the appeal must be dismissed with costs.

4. The respondent asks that I make a fixed costs order and has explained the basis on which the sum of $1,500 was arrived at.  A fixed costs order is appropriate and I order that the appellant pay the respondent's costs fixed in the sum of $1,500.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Edmonds.

Associate:

Dated:            18 August 2005

The Appellant appeared in person

Solicitor for the Respondent:	Clayton Utz
Date of Hearing:	17 August 2005
Date of Judgment:	17 August 2005