SZAGC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 311

FEDERAL COURT OF AUSTRALIA

SZAGC v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 311 IMMIGRATION – no error of law – no jurisdictional error Migration Act 1958 (Cth) s 474 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 cited Muin v Refugee Review Tribunal (2002) 190 ALR 601 referred to Re Minister for Immigration and Multicultural Affairs and Another; Ex Parte Miah (2001) 206 CLR 57 referred to Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 cited Kopalapillai v Minister for Immigration & Multicultural & Indigenous Affairs (1998) 86 FCR 547 cited SZAGC v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS N 1585 of 2003 HILL J 26 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1585 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAGC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 26 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The Applicant pay the Respondent's costs of the appeal.

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 N 1585 OF 2003

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZAGC

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: HILL J

DATE: 26 MARCH 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This appellant is a citizen of Bangladesh. Shortly after her arrival in Australia she applied to the respondent Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister"). Her application was unsuccessful. She then applied to the Refugee Review Tribunal for review of the decision. 2 The Tribunal affirmed the decision of a delegate of the respondent not to grant to her a protection visa. The appellant sought judicial review of the Tribunal's decision from the Federal Magistrates Court. Her application was heard by a Federal Magistrate on 3 October 2003 and dismissed with costs. The appellant then appealed the decision of the Federal Magistrate to this Court. She filed her notice of appeal on 21 October 2003. 3 On 24 November 2003 orders were made by consent listing the appeal for hearing at 10.15 am on 5 February 2004. 4 When the appeal was called on for hearing at the appointed time the appellant appeared unrepresented but with the assistance of an interpreter arranged for her by the Court. She indicated that she had lodged with the Court by post a written submission. For whatever reason that submission had not found its way into the Court file. She did not have another copy at home of that submission but indicated that a friend could assist her in preparing another one. However the appellant sought an adjournment of the appeal for a period of two weeks to enable a person, presently out of Sydney, to assist with preparing the submission. Inferentially that person was a lawyer and only very recently had she asked that person to prepare a submission, notwithstanding that she had had notice of the hearing date since at least 24 November 2003. 5 After discussion with the parties, I ordered that the appellant file and serve written submissions, being a copy of the submissions said to have been forwarded to the Court by post together with any additional submission she may wish to make on or before 26 February 2004. I ordered further that the respondent file and serve, if desired, further written submissions in answer to those of the appellant by 4 March 2004 and that the respondent file any further submissions in reply to the Minister's submission a week later. 6 It was agreed that there was no further need for a hearing. The appellant said that she had personally said all that she could say on the matter to me and that all she needed to say was to be found in the written submissions filed.