SZFOI v Minister for Immigration Multicultural and Indigenous Affairs

[2005] FCA 1027

FEDERAL COURT OF AUSTRALIA

SZFOI v  Minister for Immigration Multicultural & Indigenous Affairs [2005] FCA 1027

SZFOI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
NSD 950 of 2005

WILCOX J
14 JULY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 950 of 2005

BETWEEN:	SZFOI APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	WILCOX J
DATE OF ORDER:	14 JULY 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application for leave to appeal be dismissed 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 950 of 2005

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

JUDGE:	WILCOX J
DATE:	14 JULY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

WILCOX J:

1. The applicant for leave to appeal has not appeared.  No explanation has been given for his non-appearance.  It appears that he has not attempted to contact the Court.

2. I note that the proceeding in the Federal Magistrates Court was summarily dismissed due to the fact that no reasonable cause of action was disclosed. 

3. Having regard to the applicant's failure to appear to prosecute the application for leave to appeal, I order that the application for leave to appeal be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate:

Dated:            14 July 2005

There was no appearance for the applicant.
Solicitor for the Respondent:	Mr J Bird of Phillips Fox
Date of Hearing:	14 July 2005
Date of Judgment:	14 July 2005