Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDLV v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1452
MIGRATION – Refugee Review Tribunal – application for enlargement of time in which to file notice of appeal from Federal Magistrate's judgment – additional documents submitted not before Federal Magistrate or Refugee Review Tribunal – application dismissed SZDLV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 1362 OF 2005 CONTI J 20 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1362 OF 2005
BETWEEN: SZDLV
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 20 SEPTEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Upon the application of the first respondent, the Refugee Review Tribunal be joined as second respondent to the application. 2. The application for an enlargement of time in which to file a notice of appeal be dismissed. 3. The applicant to pay the first respondent's costs assessed at $1500. 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 1362 OF 2005
BETWEEN: SZDLV
APPLICANT
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: CONTI J
DATE: 20 SEPTEMBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
Background 1 The applicant sought an enlargement of time in which to file and serve a notice of appeal from the judgment of Nicholls FM, delivered on 4 July 2005. His Honour dismissed the applicant's application for review of the decision of the Refugee Review Tribunal ('the Tribunal') made on 25 August 2000 and notified to the applicant by letter dated 13 September 2000. The Tribunal's decision affirmed the Ministerial delegate's refusal on 3 December 1999 to grant the applicant a protection visa. By way of an application filed 10 August 2005, the applicant seeks leave to file and serve a notice of appeal outside of the 21-day time limit prescribed by O 52 r 15(1) of the Federal Court Rules. 2 The applicant's background circumstances are adequately summarised at [2] of the Federal Magistrate's reasons for judgment: 'The applicant is a national of Bangladesh who arrived in Australia on 10 October 1999 as a crew member of a vessel. The applicant's claims for protection centre around his support for the Bangladesh Nationalist Party (BNP) and his fears that he would be killed by "Awami leaders and workers" (a rival political party) due to his political opinion. He claimed further, to be a leading activist and that a false case had been filed against him in Bangladesh.'
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