SZBJL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 99

FEDERAL COURT OF AUSTRALIA

SZBJL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 99 SZBJL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 824 of 2005 ALLSOP J 10 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 824 of 2005

BETWEEN: SZBJL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 10 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The notice of motion of the applicant filed on 14 December 2005 be adjourned to 4.30 pm on Tuesday, 28 February 2006. 2. The respondent's representatives are relieved from any obligation to attend on that day. 3. On or before Friday, 24 February 2006 the applicant is to file and serve any further submissions upon which he would seek to rely at the hearing of the appeal should the court set aside the orders of 2 December 2005. 4. If the court is of the view upon reading the submissions or upon hearing the applicant on 28 February or for any other reason that there is an arguable ground of appeal that matter will be identified to both parties and the court will hear the Minister's representatives as to why the orders of December should not be set aside. 5. If the court is of the view in the light of submissions of the applicant, if any, and the oral submissions of the applicant, if any, that there is no apparent ground for a successful appeal the parties may assume that the notice of motion will be dismissed on the basis that to do otherwise would be futile. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA