Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDFE v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1749 SZDFE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1526 of 2004 WHITLAM J 15 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1526 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDFE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 15 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Leave to appeal from the judgment of the Federal Magistrates Court given on 1 October 2004 is refused. 2. The applicant is to pay the respondent's costs of this proceeding fixed in the sum of $2000. 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 NSD 1526 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDFE
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: WHITLAM J
DATE: 15 DECEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This proceeding was initiated when the applicant filed on 19 October 2004 a document described as a notice of appeal from a judgment of the Federal Magistrates Court (SZDFE v Minister for Immigration [2004] FMCA 696) dismissing as incompetent his application for review of a decision of the Refugee Review Tribunal ('the Tribunal') handed down on 5 March 2002. The Tribunal's decision affirmed a decision of the Minister's delegate not to grant the applicant a protection visa. 2 The background to that application is set out in the reasons for judgment of the Federal Magistrate: '1. …The applicant, a citizen of India, arrived in Australia on 9 March 2000 and applied for a protection visa on 25 April 2000. The application was refused on 4 July 2000 and the applicant sought review by the Tribunal. The Tribunal held a hearing on 8 January 2002.
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