SZDMG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1672

FEDERAL COURT OF AUSTRALIA

SZDMG v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1672 SZDMG v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1725 OF 2004 EMMETT J 17 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1725 OF 2004

BETWEEN: SZDMG

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 17 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the proceeding. 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 NSD1725 OF 2004

BETWEEN: SZDMG

APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT JUDGE: EMMETT J

DATE: 17 DECEMBER 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 By notice of appeal, filed on 23 November 2004, the appellant purports to appeal from orders made by Smith FM on 3 November 2004, dismissing the proceeding as incompetent. His Honour observed that the proceeding had been commenced some four years after the decision of the Tribunal in respect of which review was sought. No explanation was offered for that delay. Smith FM considered the substance of the matter and concluded that there was no jurisdictional error. Accordingly, his Honour concluded that the proceeding was barred by s 477(1)(a) of the Migration Act 1958 (Cth) ('the Act') and, in any event, in the absence of any jurisdictional error, any relief would be precluded by s 474 of the Act. 2 The notice of appeal to this Court indicates that it has been prepared without reference at all to the reasons of the primary judge. Since the order of the primary judge was in the nature of an interlocutory order, leave to appeal would be required. No application for leave has been made. When the matter was called on for directions today there was no appearance for the appellant. The Minister therefore asks that the matter be dismissed. It seems to me that it is appropriate to do so, in the circumstances. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.