SZGOB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 358

FEDERAL COURT OF AUSTRALIA

SZGOB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 358 SZGOB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR NSD 400 OF 2006 LINDGREN J 29 MARCH 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 400 OF 2006

BETWEEN: SZGOB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 29 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 400 OF 2006

BETWEEN: SZGOB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: LINDGREN J

DATE: 29 MARCH 2006

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 The applicant seeks an extension of time in which to file and serve a notice of appeal from a judgment of Scarlett FM given in the Federal Magistrates Court of Australia ('FMCA') on 5 August 2005. On that date his Honour dismissed the applicant's application for review of a decision of the Refugee Review Tribunal ('the Tribunal'). The 21-day period for appeal to this Court expired on 26 August 2005: Federal Court Rules O 52 r 15(1). The applicant did not approach this Court until 22 February 2006, virtually six months out of time. The applicant must show 'special reasons' in order to obtain leave to file and serve a notice of appeal out of time: O 52 r 15(2).

background 2 On 19 November 2003, the applicant applied for a protection (Class XA) visa and on 25 November 2003 that application was refused by a delegate of the Minister. 3 On 31 December 2003, the applicant applied to the Tribunal for review of the delegate's decision. 4 On 17 March 2004, the applicant attended a hearing by the Tribunal and gave evidence. 5 On 30 March 2004, the Tribunal made its decision by which it affirmed the delegate's decision not to grant a protection visa to the applicant. That decision was handed down on 22 April 2004. 6 On 20 June 2005, the applicant applied to the FMCA seeking judicial review of the Tribunal's decision. 7 As noted, on 5 August 2005, Scarlett FM dismissed that application. 8 On 22 February 2006 the applicant filed the present application for an extension of time in which to file and serve a notice of appeal. 9 The proposed grounds of appeal are set out in a draft notice of appeal attached to an affidavit of the applicant sworn 22 February 2006 and filed on that day in support of the application. The grounds of appeal as stated (irregularities included) are: '1. The honourable judge failed to find error of the law, jurisdictional errors and Procedural fairness and relief under section 39B of the judiciary act 1903. 2. The honourable single judge did not take into account that the applicant have Well-founded fear of persecution on convention reasons.'