SZGIE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1539

FEDERAL COURT OF AUSTRALIA

SZGIE v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1539 SZGIE v Minister for Immigration and Multicultural and Indigenous Affairs NSD 1717 of 2005 JACOBSON J 25 OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1717 OF 2005

BETWEEN: SZGIE

APPLICANT

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 25 OCTOBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal is refused. 2. The applicant is to pay the respondent's costs, on an indemnity basis pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules, fixed in the amount of $1,200.00.

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 1717 OF 2005

BETWEEN: SZGIE

APPLICANT

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE: 25 OCTOBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1. This is an application for leave to appeal against the orders and judgment of Federal Magistrate Smith dated 1 September 2005. On that date the learned Magistrate dismissed an application for judicial review pursuant to rule 13.10(c) of the Federal Magistrates Court Rules ("FMC Rules"). 2. On 16 September 2005 the applicant filed an application for leave to appeal. The application was accompanied by an affidavit and draft notice of appeal. Leave to appeal is required pursuant to section 24(1A) of the Federal Court of Australia Act 1976 (Cth) because the orders and judgment of Federal Magistrate Smith are interlocutory.