Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZARK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1458 SZARK v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N1218 of 2004 MADGWICK J 19 OCTOBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1218 of 2004
ON APPEAL FROM A DECISION OF THE FEDERAL MAGISTRATES COURT
BETWEEN: SZARK
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 19 OCTOBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The notice of objection to competency be upheld and the proceedings be dismissed. 2. The appellant pay the respondent's costs assessed in the sum of $1,750. 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 N1218 of 2004
ON APPEAL FROM A DECISION OF THE FEDERAL MAGISTRATES COURT
BETWEEN: SZARK
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: MADGWICK J
DATE: 19 OCTOBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT HIS HONOUR: 1 These proceedings concern a notice of objection to competency in relation to a notice of appeal filed on 11 August 2004, whereby the would-be appellant sought to appeal from a judgment of Federal Magistrate Driver, given on 23 July 2004. 2 The appellant is a national of Bangladesh who arrived in Australia on 21 December 1999 on a student visa. On 1 February 2000, he lodged an application for a protection visa, which a delegate of the Minister, the projected respondent in the purported appeal, whom I shall call the respondent, refused to grant a protection visa. On 3 April 2000, the appellant applied to the Refugee Review Tribunal ('the Tribunal') for a review of that decision. There was then a delay of over two years before that application was rejected by the Tribunal on 19 July 2002. 3 The appellant then sought judicial review in the Federal Magistrates Court by an application filed, as Federal Magistrate Driver said, 'many months' outside the time limit of 28 days prescribed by s 477 of the Migration Act 1958 (Cth) ('the Act'). The learned Federal Magistrate found that there was no jurisdictional error made by the Tribunal. It followed that
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