SZFOI v Minister for Immigration Multicultural & Indigenous Affairs [2005] FCA 1027

FEDERAL COURT OF AUSTRALIA

SZFOI v Minister for Immigration Multicultural & Indigenous Affairs [2005] FCA 1027 SZFOI v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 950 of 2005 WILCOX J 14 JULY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 950 of 2005

BETWEEN: SZFOI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 14 JULY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to 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 950 of 2005

BETWEEN: SZFOI

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: WILCOX J

DATE: 14 JULY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT WILCOX J: 1 The applicant for leave to appeal has not appeared. No explanation has been given for his non-appearance. It appears that he has not attempted to contact the Court. 2 I note that the proceeding in the Federal Magistrates Court was summarily dismissed due to the fact that no reasonable cause of action was disclosed. 3 Having regard to the applicant's failure to appear to prosecute the application for leave to appeal, I order that the application for leave to appeal be dismissed with costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Wilcox.

Associate: Dated: 14 July 2005 There was no appearance for the applicant.

Solicitor for the Respondent: Mr J Bird of Phillips Fox