SZBMF v Minister for Immigration & Multicultural Affairs [2006] FCA 991

FEDERAL COURT OF AUSTRALIA

SZBMF v Minister for Immigration & Multicultural Affairs [2006] FCA 991 SZBMF v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND ANOR NSD 984 OF 2006 RARES J 11 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY NSD 984 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBMF

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RARES J

DATE OF ORDER: 11 JULY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed with costs. 2. Costs be fixed in the sum of $800. 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 WALESDISTRICT REGISTRY NSD 984 OF 2006

ON APPEAL FROM T HE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZBMF

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: RARES J

DATE: 11 JULY 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT (REVISED FROM THE TRANSCRIPT) 1 This matter was called outside the Court when listed for hearing this morning. The applicant has not appeared. In an affidavit of Sharon Anne Burnett sworn 3 July 2006, she deposes that the applicant left Australia on 7 June 2006 and as at 22 June 2006, the records of the Department of Immigration and Multicultural Affairs do not reveal that the applicant has returned to Australia. 2 Pursuant to my powers under s 25(2)B(bb)(ii) of the Federal Court of Australia Act 1976 (Cth), I order that the application for leave to appeal be dismissed with costs fixed in the sum of $800. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.