SZECK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 283

FEDERAL COURT OF AUSTRALIA

SZECK v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 283 PRACTICE & PROCEDURE – appeal from Federal Magistrate – where Federal Magistrate dismissed application for review on the grounds that it was out of time but addressed the merits – whether decision interlocutory or final. Migration Act 1958 (Cth) Fifita v Minister for Immigration & Multicultural Affairs [2001] FCA 1694 cited NAGM v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 395 cited NAMW v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 264 cited SZARK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1458 cited SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 cited SZDWE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1498 cited SZECK V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 26 OF 2005 MADGWICK J 7 MARCH 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 26 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZECK

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 7 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of the respondent assessed in the sum of $4,000.

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 26 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZECK

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS