SZGYJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1742

FEDERAL COURT OF AUSTRALIA

SZGYJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1742 SZGYJ v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 2164 OF 2005 GRAHAM J 24 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2164 OF 2005

BETWEEN: SZGYJ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

JUDGE: GRAHAM

DATE OF ORDER: 24 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. There be no order as to 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 2164 OF 2005

BETWEEN: SZGYJ

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

JUDGE: GRAHAM

DATE: 24 NOVEMBER 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is a matter which comes before the Court pursuant to a notice of appeal filed 9 November 2005. It records a desire by the appellant to appeal from a judgment of the Federal Magistrates Court of Australia, said to have been handed down on 12 August 2005. In point of fact the application which came before the Federal Magistrates Court was itself filed on 12 August 2005. That application was heard on 31 October 2005 and judgment was delivered on 1 November 2005. 2 A notice of objection to competency under section 477(1A) of the Migration Act 1958 (Cth) ("the Act") had been filed by the Minister in the Federal Magistrates Court on 5 September 2005. Notwithstanding the terms of this objection to competency, the Federal Magistrate appears to have engaged in a consideration of the Appellant's broader claims. In paragraph 33 of her reasons for judgment the learned Federal Magistrate said: "Other than disagreeing with the findings and conclusions of the Tribunal, the Applicant had nothing cogent to say in support of his Application."