Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZCIS v Minister for Immigration, Multicultural and Indigenous Affairs [2005] FCA 1859 MIGRATION - no issue of principle SZCIS v Minister for Immigration, Multicultural and Indigenous Affairs and Refugee Review Tribunal NSD 1619 OF 2005 jacobson j 15 december 2005 sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1619 of 2005
On appeal from a decision of the Federal Magistrates Court of Australia
BETWEEN: SZCIS
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: JACOBSON J
DATE OF ORDER: 15 DECEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Orders 1 and 2 made by Jacobson J on 8 December 2005 be set aside. 2. The appellant pay the costs thrown away by his failure to appear on 8 December 2005. 3. The appeal will be heard instanter. 4. The appeal be dismissed with costs. 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 1619 of 2005
On appeal from a decision of the Federal Magistrates Court of Australia
BETWEEN: SZCIS
APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: JACOBSON J
DATE: 15 DECEMBER 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 .This is an appeal from a judgment of Federal Magistrate Barnes given on 18 August 2005. Her Honour dismissed an application for review of a decision of the Refugee Review Tribunal ("the RRT") handed down on 2 December 2003 affirming a decision of a delegate of the Minister refusing to grant the appellant a protection visa. 2 The notice of appeal is unparticularised. It asserts that her Honour "failed to find error of law, jurisdictional error, procedural fairness and relief under section 39B of the Judiciary Act". 3 It also states that the grounds are "very much similar" with the decision of the High Court in Muin v Refugee Review Tribunal (2002) 76 ALJR 966 ("Muin"). There are a number of other grounds stated in very general terms but they do not add anything to the issues apparently sought to be raised in the grounds to which I have referred.
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