SZDLI v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 532

FEDERAL COURT OF AUSTRALIA

SZDLI v Minister for Immigration & Multicultural & Indigenous Affairs   [2005] FCA 532

MIGRATION – Application for extension of time to appeal – application dismissed.

SZDLI v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD 130 OF 2005

HILL J
18 APRIL 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 130 OF 2005

BETWEEN:	SZDLI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HILL
DATE OF ORDER:	18 APRIL 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1. The application for an extension of time to file and serve a notice of appeal be dismissed.
2. The applicant pay the respondent’s costs of the application.

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 130 OF 2005

BETWEEN:	SZDLI APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	HILL
DATE:	18 APRIL 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(Ex tempore – revised)

HILL J

1. This is an application for an extension of time to file and serve a notice of appeal from a judgment given by a federal magistrate.  The application was filed pursuant to order 52, rule 15(5) of the Federal Court Rules.  As the applicant has not appeared, either at the time the matter was listed for hearing, or twenty minutes later, the application is dismissed and the applicant is to pay the respondent’s costs of the application.

I certify that the preceding numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Hill.

Associate:

Dated:             18 April 2005

For the Respondent:

There was no appearance by the applicant.

K Crawley

Date of Hearing:

18 April 2005

Date of Judgment:

18 April 2005