SZEGX v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 166

FEDERAL COURT OF AUSTRALIA

SZEGX v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 166 MIGRATION – no point of principle

SZEGX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1098 of 2005

MOORE J 2 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1098 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEGX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 2 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the first respondent's 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 1098 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: SZEGX

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE: 2 MARCH 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a decision of the Federal Magistrates Court dismissing an application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal"). On 19 September 2003, the appellant (and her husband) applied for a protection visa and, on 31 October 2003 a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs ("the Minister") refused to grant the appellant a protection visa. The appellant sought review of that decision, and on 14 July 2004 the Tribunal affirmed the decision of the delegate and refused to grant the appellant a protection visa. On 26 August 2004, the appellant sought judicial review of the decision of the Tribunal and a Federal Magistrate dismissed that application on 24 May 2005. 2 On 4 July 2005, the appellant filed an application for an extension of time in which to file and serve a notice of appeal and an affidavit in support of that application. On 14 September 2005, Emmett J ordered the time for filing and serving a notice of appeal be extended to 16 September 2005: SZEGX v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1379. On 14 September 2005, the appellant filed a notice of appeal.