SZAHC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 753

FEDERAL COURT OF AUSTRALIA

SZAHC v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 753

SZAHC v MINISTER FOR IMMIGRATION & MULTICULTURAL

& INDIGENOUS AFFAIRS NSD 670 of 2005 LINDGREN J 8 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 670 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAHC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 8 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondent's costs of the appeal.

3. The respondent be entitled to a fixed sum of $300 in lieu of taxed costs, in respect of the costs referred to in order 2.

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 670 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZAHC

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 8 JUNE 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The appellant appeals from a decision of the Federal Magistrates Court of Australia given on 1 April 2005. 2 Upon the appeal being called on for hearing, the appellant has not appeared. 3 Ms M Asimus, the solicitor for the respondent Minister, asks that I dismiss the appeal under s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), and I see no reason not to accede to her request. 4 Accordingly, the appeal will be dismissed with costs. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.