Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BRG AA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 421 Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) BRG AA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS No QUD 92 OF 2005 SPENDER J BRISBANE 12 APRIL 2005
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 92 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BRG AA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 12 APRIL 2005
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application for an extension of time to file and serve an application for leave to appeal is refused.
2. The application for leave to appeal is refused.
3. The applicant pay the costs of the respondent on an indemnity basis fixed in the sum of $2500.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 92 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: BRG AA
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: SPENDER J
DATE: 12 APRIL 2005
PLACE: BRISBANE
REASONS FOR JUDGMENT 1 The applicant applied for a Protection (Class XA) visa on 17 April 2002. On 6 August 2002, a delegate of the Minister refused to grant the protection visa. The applicant applied to the Refugee Review Tribunal for a review of the Tribunal's decision. The Tribunal dismissed that application on 1 September 2003. The applicant appealed to the Federal Court, Sydney Registry on 17 October 2003. The appeal was dismissed by Hely J on 9 February 2004, who ordered that the application be dismissed with costs. 2 On 5 January 2005, the applicant filed, in the Brisbane Registry of the Federal Magistrates Court, an application under the Judiciary Act 1903 (Cth) and the Migration Act 1958 (Cth) seeking review of a decision of the Refugee Review Tribunal, dated 1 September 2003 and handed down on 25 September 2003. On 15 March 2005, Federal Magistrate Baumann summarily dismissed the application. The orders made by Federal Magistrate Baumann were these: (1) The Application is dismissed. (2) The Applicant shall pay the Respondent's costs of and incidental to the Application fixed in the sum of $4,600 within 60 days.
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