SZDVA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1671

FEDERAL COURT OF AUSTRALIA

SZDVA v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1671 MIGRATION – application for an extension of time to file and serve a notice of appeal from a decision of the Federal Magistrates Court – Federal Magistrate dismissed an application for review of a decision of the Refugee Review Tribunal – delay of over four months – new grounds challenging decision of the Refugee Review Tribunal sought to be raised on appeal – grounds raised before Federal Magistrate not pressed in draft notice of appeal – Refugee Review Tribunal found that the fear of persecution was not well-founded – whether the Refugee Review Tribunal erred in not considering whether the fear of persecution could itself constitute persecution for which the applicant was entitled to refugee protection

Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), s 91R, 417, 474, 477 Federal Court Rules, O 52 r 15 Australian Prudential Regulation Authority v Holloway [2001] FCA 1240cited Howard v Australian Electoral Commission [2000] FCA 1767 cited Jess v Scott (1986) 12 FCR 187 cited SGKB v Minister for Immigration & Multicultural & Indigenous Affairs (2003)76 ALD 381 distinguished SZBDN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 656 cited SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 cited SZDVA v Minister for Immigration and Multicultural and Indigenous Affairs AND REFUGEE REVIEW TRIBUNAL NSD 1715 OF 2005 STONE J 17 NOVEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1715 OF 2005

BETWEEN: SZDVA

APPLICANT

AND: Minister for Immigration and Multicultural and Indigenous Affairs

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL