SZDVX v Minister for Immigration & Multicultural &

[2005] FCA 752

FEDERAL COURT OF AUSTRALIA

SZDVX v Minister for Immigration & Multicultural &
Indigenous Affairs [2005] FCA 752

SZDVX v MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS

NSD 713 of 2005

LINDGREN J
8 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 713 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN:	SZDVX APPELLANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	LINDGREN J
DATE OF ORDER:	8 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.        The appellant pay the respondent’s costs of the appeal.

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 713 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

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

JUDGE:	LINDGREN J
DATE:	8 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellant appeals from a decision of the Federal Magistrates Court of Australia given on 21 April 2005.

2. Upon the appeal being called on for hearing, the appellant has not appeared.

3. Ms J Caban, the solicitor for the respondent Minister, asks that I dismiss the appeal under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), and I see no reason not to accede to her request.

4. Accordingly, the appeal will be dismissed with costs.

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

Associate:

Dated:             8 June 2005

The Appellant did not appear
Solicitor for the Respondent:	Ms J Caban, Clayton Utz
Date of Hearing:	8 June 2005
Date of Judgment:	8 June 2005