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[2004] FCA 1730
Federal Court of Australia
2004-12-21
Jacobson J
Original judgment source is linked above.
SZCGV v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1730 SZCGV v Minister for Immigration and Multicultural and Indigenous Affairs N 1732 of 2004 JACOBSON J 21 DECEMBER 2004 SYDNEY
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
REASONS FOR JUDGMENT 1. This is an application for leave to appeal and an extension of time to file and serve a notice of appeal against orders and judgment of Federal Magistrate Raphael dated 5 November 2004. When the matter was called on for hearing there was no appearance for the applicant. I stood the matter down for 20 minutes until 11.20 am in case the applicant was unavoidably detained. However, there is still no appearance. 2. Ms Howey, who appears for the respondent, asks me to dismiss the application by reason of the failure of the applicant to appear before me today when the matter was called on for hearing. I am satisfied that the applicant was notified of today's hearing. The court file contains a copy of a letter dated 7 December 2004 addressed to the applicant at the address stated by the applicant in his application for leave to appeal and for an extension of time. The copy of the letter on the court file contains a notation indicating that it was posted to the applicant and I am therefore satisfied that the applicant was notified, as stated in the letter, that the application was listed for hearing before me at 11.00 am today. 3. I am also satisfied that I have power to make the order sought by Ms Howey. I dealt with a similar application in SZDJA v The Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1499. The power to make the order is, in my view, found in section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) or, alternatively, Order 35A rule 2(1)(f) or rule 3(1)(a) of the Federal Court Rules. 4. Accordingly, the order that I propose to make is that the application for leave to appeal and for an extension of time filed on 23 November 2004 be dismissed and I order the application to pay the respondent's costs of the application.
I certify that the preceding 4 (four) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.
Counsel for the Applicant: There was no appearance for the Applicant
Solicitor for the Respondent: Blake Dawson Waldron
SZCGV
Minister for Immigration and Multicultural and Indigenous Affairs