SZDYE v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 487

FEDERAL COURT OF AUSTRALIA

SZDYE v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 487

SZDYE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND

INDIGENOUS AFFAIRS

NSD 165 of 2005

WHITLAM J
11 APRIL 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 165 OF 2005

BETWEEN:	SZDYE APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WHITLAM J
DATE OF ORDER:	11 APRIL 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Leave to appeal is refused with costs.

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 165 OF 2005

BETWEEN:	SZDYE APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT

JUDGE:	WHITLAM J
DATE:	11 APRIL 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for leave to appeal from an order of the Federal Magistrates Court made on 1 February 2005 dismissing a proceeding pursuant to r 13.03 of the Federal Magistrates Court Rules. The initiating process in that Court was filed on 28 June 2004 and fixed for directions on 1 October 2004. It was an application in respect of a decision of the Refugee Review Tribunal refusing to grant a protection visa to the applicant. No proper grounds were stated in the application. At the direction hearing on 1 October 2004, orders were made by consent directing the applicant to file an amended application by 12 November 2004 and fixing the matter for hearing on 22 June 2005.

2. On 22 November 2004, the proceeding was re-listed on the application of the respondent on account of the applicant's failure to comply with the direction to file an amended application.  A motion for summary dismissal was heard on 1 February 2005 and the Federal Magistrate dismissed the application with ex tempore reasons.  The certified copy of those reasons was made available on 3 March 2005. 

3. The draft notice of appeal states no proper grounds of appeal.  The applicant has the misfortune to be acting in person without the assistance of a lawyer.  He has not directed my attention to any statement in the reasons of the Federal Magistrate to indicate that any possible grounds of appeal could succeed.  Indeed, and somewhat distressingly, the applicant again seeks more time to obtain documents from China.  Such a statement only reinforces the decision made by the Federal Magistrate. 

4. The application for leave to appeal is refused 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 Whitlam j.

Associate:

Dated:             11 April 2005

The applicant appeared in person.

Mr A J Carter, solicitor, from Sparke Helmore appeared for the respondent.

Date of hearing:	11 April 2005
Date of Judgment:	11 April 2005