FEDERAL COURT OF AUSTRALIA SZAZT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1698 SZAZT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 1749 OF 2004 MOORE J 9 DECEMBER 2004 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 1749 OF 2004 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZAZT APPELLANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT JUDGE: MOORE J DATE OF ORDER: 9 DECEMBER 2004 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of the respondent. 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 1749 OF 2004 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: SZAZT APPELLANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT JUDGE: MOORE J DATE: 9 DECEMBER 2004 PLACE: SYDNEY REASONS FOR JUDGMENT 1 I will make an order dismissing the appeal with costs. I do so because the appellant has not appeared. The court now has power to dismiss an appeal in those circumstances exercisable by a single judge. 2 I am fortified in adopting this approach because the notice of appeal does not, in terms, appear to raise any issue of substance and, in any event, takes a form that appears to be a pro forma notice of appeal that I have seen in a number of cases in the recent past. 3 Accordingly, I order the appeal be dismissed and the appellant pay the respondent's costs. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate: Dated: 20 December 2004 The Appellant did not appear Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 9 December 2004 Date of Judgment: 20 December 2004