SZBRB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 529

FEDERAL COURT OF AUSTRALIA

SZBRB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 529

SZBRB v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS N 368 of 2004 LINDGREN J 21 APRIL 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 368 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZBRB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN

DATE OF ORDER: 21 APRIL 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs.

3. The amount of the costs referred to in order 2 be fixed at $650.

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 368 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBRB

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN

DATE: 21 APRIL 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 The parties agree that this appeal from the Federal Magistrates Court of Australia be dismissed. They disagree over costs. The appellant says she cannot pay. That is not a reason for not making an order, although it may be a reason why the respondent will not seek to enforce it.

2 I have been asked to fix the amount of the costs and am told that on a solicitor client basis that amount is some $1,000. I will fix costs at $650.