Applicant S1845/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 739

FEDERAL COURT OF AUSTRALIA

Applicant S1845/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 739 MIGRATION – application for leave to appeal by wife on behalf of herself, her husband and her three children – application dismissed – recommendation to Minister for favourable consideration on humanitarian grounds

Migration Act 1958 (Cth) APPLICANT S1845/2003 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 250 OF 2005 CONTI J 12 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 250 OF 2005

BETWEEN: APPLICANT S1845/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 12 MAY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Application for an extension of time and leave to appeal is dismissed. 2. Applicant to pay the respondent's costs assessed at $1000. 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 250 OF 2005

BETWEEN: APPLICANT S1845/2003

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: CONTI J

DATE: 12 MAY 2005

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a judgment of a Federal Magistrate made on 3 December 2004, whereby an application for review of a decision of the Refugee Review Tribunal ('RRT') made on 15 February 1999 was summarily dismissed pursuant to Rule 13.03(2)(b) of Federal Magistrates Court Rules 2001 (Cth). These are the second proceedings for judicial review brought in respect of that RRT decision. The first were brought by the current applicant's husband, who was (and remains) the original applicant for the protection visa. Those proceedings were dismissed by Mansfield J on 10 February 2000. Subsequently the applicant's husband suffered severe head injuries. The applicant filed a fresh application for judicial review on 31 May 2004 and it is with this application that these proceedings are concerned. 2 The applicant's husband was tertiary educated in India and graduated with a bachelor of commerce degree in 1978 and a bachelor of law degree in 1982. Before coming to Australia he worked as an accountant in India and as a general manager in China.