SZGNH v Minister for Immigration and Multicultural Affairs

[2006] FCA 1481

FEDERAL COURT OF AUSTRALIA

SZGNH v Minister for Immigration and Multicultural Affairs [2006] FCA 1481

SZGNH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
NSD 1745 OF 2006

GYLES J
30 OCTOBER 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1745 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZGNH Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	GYLES J
DATE OF ORDER:	30 OCTOBER 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the costs of the respondent Minister on an indemnity basis.

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 1745 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	SZGNH Applicant
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS Respondent

JUDGE:	GYLES J
DATE:	30 OCTOBER 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for extension of time to file and serve a notice of appeal from a decision of the Federal Magistrates Court dismissing an application to it (SZGNH v Minister for Immigration & Multicultural Affairs & Anor [2006] FMCA 1186).

2. The matter was listed for hearing today at 2.15 pm.  Notwithstanding the fact that it is now a little after 2.30 pm, the applicant has still not appeared.  All of the expenses involved in a hearing of this kind have been incurred, including the presence of an interpreter, submissions from the respondent, the presence of the respondent’s solicitor, but no applicant. 

3. I dismiss the application.  I order that the applicant pay the costs of the respondent Minister on an indemnity basis.

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

Associate:
Dated:        10 November 2006

The Applicant did not appear
Solicitor for the Respondent:	Ms Z McDonald of Phillips Fox

Date of Hearing:	30 October 2006
Date of Judgment:	30 October 2006