SZBDA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 261

FEDERAL COURT OF AUSTRALIA

SZBDA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 261 SZBDA v Minister for Immigration and Multicultural and Indigenous Affairs N 180 of 2005 JACOBSON J 10 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 180 OF 2005

BETWEEN: SZBDA

APPLICANT

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 10 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed, pursuant to s25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth); 2. The appellant to pay the respondent's costs, fixed in the amount of $300.00.

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 180 OF 2005

BETWEEN: SZBDA

APPLICANT

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE: 10 MARCH 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1. This matter was listed for directions today. The appellant filed a notice of appeal on 9 February 2005. The notice of appeal states that a directions hearing was to take place today at 9.30 am. 2. The matter was called outside the Court at 9.30 am but there was no appearance by the appellant. It is now 9.50 am and there is still no appearance. Ms Gray, who appears for the Minister asks me to exercise my powers under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) to dismiss the appeal. It seems to me to be appropriate that I exercise my powers accordingly. I will therefore order pursuant to section 25(2B)(bb)(ii), that the appeal be dismissed. 3. I will order that the appellant pay the Minister's costs of the proceeding fixed, pursuant to the rules, in the amount of $300.