SZDTA v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 825

FEDERAL COURT OF AUSTRALIA

SZDTA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 825

SZDTA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 391 OF 2005

GYLES J
15 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 391 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZDTA APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	15 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The appeal be dismissed. 

2.   The appellant pay the costs of the respondent.

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 391 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	GYLES J
DATE:	15 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This appeal was fixed for hearing today at 2.15 pm.  The appellant did not appear at that time.  I adjourned for quarter of an hour or so to ensure there was no slip in getting in to Court.  The matter has been called again and there is still no appearance.  The appeal is, in any event, totally without merit.  It is yet another example of the system being abused.

2. The appeal is dismissed.  The appellant is to pay the costs of the respondent.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Associate:

Dated:            21 June 2005

Counsel for the Appellant:	The Appellant did not appear
Counsel for the Respondent:	S McNaughton
Solicitor for the Respondent:	Blake Dawson Waldron
Date of Hearing:	15 June 2005
Date of Judgment:	15 June 2005