Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZAEW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 115
SZAEW v MINISTER FOR IMMIGRATION & MULTICULTURAL
& INDIGENOUS AFFAIRS N 1974 of 2003 LINDGREN J 17 FEBRUARY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1974 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZAEW
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 17 FEBRUARY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed as incompetent. 2. The appellant pay the respondent's 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 N 1974 OF 2003
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZAEW
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LINDGREN J
DATE: 17 FEBRUARY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant purports to appeal from a judgment of Driver FM given on 28 October 2003. The notice of appeal, which was filed on 17 November 2003, states one ground as follows: 'I am a refugee and I am not consent [sic] with the decision made by the RRT in my case. I would like the RRT's decision in my case to be reviewed.' 2 Under 'Order Sought', the notice of appeal states: 'The RRT decision involved an error of law whether or not the error appears on the record at the time of decision. I need a fair justice in relation to my appeal.' 3 The proceeding was returnable before me on 18 December 2003 when the appellant appeared. It was stood over to last Tuesday, 10 February 2004, for directions. The appellant did not appear. On that date, with leave, the respondent filed a notice of motion seeking an order that the appeal be dismissed as incompetent. The motion was made returnable today for hearing and the proceeding generally was stood over to today.
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