SZDVD v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 1560

FEDERAL COURT OF AUSTRALIA

SZDVD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1560

MIGRATION – appeal from decision of Federal Magistrates Court of Australia – no appearance by appellant – appeal dismissed

Federal Court of Australia Act 1976 (Cth), s 25(2B)(bb)(ii)

SZDVD v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 1711 OF 2005

GYLES J

31 OCTOBER 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1711 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZDVD APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	31 OCTOBER 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The appeal be dismissed.

2.   The appellant is to pay the respondent’s costs fixed in the amount of $1,500.00.

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 1711 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

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

JUDGE:	GYLES J
DATE:	31 OCTOBER 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The circumstances of this matter have been outlined by the solicitor for the respondent. They involve several fixtures, this last fixture both having been fixed and notified with a view to bringing the matter to a head. I am satisfied that s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) gives me power to dismiss the proceeding. It is not entirely clear to me how O 52, particularly r 38 and r 38A, of the Federal Court Rules, interrelate to that provision. However, under the circumstances, I am satisfied that the failure to attend this hearing is an appropriate ground for dismissal.

2. I make orders in accordance with the short minutes of order which I have initialled and placed with the papers.

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:             3 November 2005

Counsel for the Appellant:	The Appellant did not appear
Solicitor for the Respondent:	B Mendelsohn, Blake Dawson Waldron
Date of Hearing:	31 October 2005
Date of Judgment:	31 October 2005