Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDDJ v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 837
MIGRATION – application for protection visa – two applications filed by same person using different identities – two Tribunal decisions – appeal in respect of first Tribunal decision – where appellant not in Australia at time of first Tribunal decision Migration Act 1958 (Cth) s 36(2) SZDDJ v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 453 of 2005 BRANSON J 24 JUNE 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 453 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDDJ
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 24 JUNE 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 453 of 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZDDJ
APPELLANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: BRANSON J
DATE: 24 JUNE 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
introduction 1 The respondent to this appeal from a judgment of the Federal Magistrates Court applied on 3 June 2005 for the appeal to be summarily dismissed. The application, which was made pursuant to a notice of motion filed on 16 May 2005, was made on three bases. The respondent contended that the appeal should be dismissed:
(a) pursuant to s 25(2B)(bb)(i) of the Federal Court of Australia Act 1976 (Cth) on the ground that the appellant has failed to comply with a direction of the Court that he file and serve an amended notice of appeal setting out proper grounds of appeal fully particularised by 10 May 2005; (b) pursuant to O 52 r 13(2) of the Federal Court Rules on the grounds that the appellant has failed to file a notice of appeal that states the grounds relied upon in support of the appeal; and (c) in the exercise of the Court's discretion on the ground that the appellant, after the date of the decision of the Refugee Review Tribunal ('the Tribunal') that was reviewed by the Federal Magistrates Court, lodged an application for a protection visa that was favourably reviewed by the Tribunal but subsequently withdrawn by the appellant.
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