Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZBQW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 957 NO ISSUE OF PRINCIPLE SZBQW v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 466 of 2004 BRANSON J 18 MAY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 466 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZBQW
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 18 MAY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The notice of objection to competency be upheld. 2. The notice of appeal be dismissed as incompetent. 3. The appellant pay the costs of the respondent.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 466 of 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZBQW
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE: 18 MAY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 At the time when this matter was listed for hearing the appellant was absent. He was also absent when the matter was called for hearing approximately ten minutes later. In my view the hearing should proceed. 2 I am satisfied that the notice of objection to competency in this matter should be upheld. The judgment of Federal Magistrate Driver of 22 March 2004 was plainly interlocutory. The appellant has not sought leave to appeal against that judgment. On the last occasion he was granted leave to make an application for leave on the basis that were he to file that application within the time given to him it would be treated as having been made on the date of his notice of appeal. However, that leave has not been exercised. 3 It was also indicated to him on the last occasion that the notice of objection to competency would be heard and determined today if he did not exercise the leave to seek leave to appeal against the order of Federal Magistrate Driver.
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