SZFCX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 890

FEDERAL COURT OF AUSTRALIA SZFCX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 890 SZFCX v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 762 OF 2005 HELY J 16 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 762 OF 2005

BETWEEN: SZFCX

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 16 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for an extension of time within which to file and serve a Notice of Appeal be dismissed with costs. 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 762 OF 2005

BETWEEN: SZFCX

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE: 16 JUNE 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for an extension of time within which to file and serve a Notice of Appeal from the judgment of Scarlett FM delivered on 13 April 2005. The matter has now been in the list on two occasions. On the first occasion the applicant did not appear. I therefore adjourned the matter until today to give the applicant a second opportunity to attend and prosecute his claim. I gave some directions as to notification of the adjournment to the applicant and I am satisfied by virtue of the letter from Phillips Fox of 7 June 2005 that the directions which I gave have been complied with. 2 The applicant has not appeared before me today. The application should therefore be dismissed with costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.