FEDERAL COURT OF AUSTRALIA SZBDU v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 715 MIGRATION – failure to appear - adjournment SZBDU and SZBDZ v Minister for Immigration and Multicultural and Indigenous Affairs NSD 282 of 2005 JACOBSON J 1 JUNE 2005 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 282 of 2005 On Appeal from the Federal Magistrates Court BETWEEN: SZBDU FIRST APPELLANT SZBDV SECOND APPELLANT AND: Minister for Immigration and Multicultural and Indigenous Affairs RESPONDENT JUDGE: JACOBSON J DATE OF ORDER: 1 JUNE 2005 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The matter be adjourned and listed for hearing on Friday 10 June 2005 at 9.30am. 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 282 of 2005 On Appeal from the Federal Magistrates Court BETWEEN: SZBDU FIRST APPELLANT SZBDV SECOND APPELLANT AND: Minister for Immigration and Multicultural and Indigenous Affairs RESPONDENT JUDGE: JACOBSON J DATE: 1 JUNE 2005 PLACE: SYDNEY REASONS FOR JUDGMENT Introduction 1 This matter was listed for hearing before me today at 10.15 am. 2 Last night I received a facsimile from the appellant attaching a medical certificate from Dr Dimitri Tcherkas of the North Strathfield Medical Centre. 3 On its face the certificate does suggest possible grounds for an adjournment of the hearing. However, the certificate is not verified, and the Minister is not in a position to test whether in fact what is said to be a damaged left knee and consequent pain is in fact so severe as to prevent the appellant from attending before me this morning on the hearing. 4 Nevertheless, it does seem to me to be appropriate in the circumstances to grant an adjournment; although I do so somewhat reluctantly. 5 The certificate states that the appellant will be unable and unfit for court attendance until 7 June 2005. I propose to adjourn the matter for hearing before me at 9.30 am on 10 June 2005. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson. Associate: Dated: 1 June 2005 No Appearance for the Appellant Counsel for the Respondent: Mr R Bromwich Solicitor for the Respondent: Clayton Utz Date of Hearing: 1 June 2005 Date of Judgment: 1 June 2005