SZGMB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 437

FEDERAL COURT OF AUSTRALIA

SZGMB v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 437

MIGRATION – application for leave to appeal - review of protection visa decision –time when applicant received notification of Refugee Review Tribunal's decision – consideration of evidentiary requirements for notification – where unreasonable delay in responding to decision of Refugee Review Tribunal - application dismissed

Evidence Act 1995 (Cth), s163 Migration Act 1958 (Cth), s 430, s 66 Migration Regulations 1994 (Cth), Regs 4.40, 4.41, 5.03

Bienstein v Bienstein (2003) 195 ALR 225 followed Coal & Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 followed Chan Ta Srey v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 134 FCR 308 considered Minister for Immigration v Singh (2000) 98 FCR 77 considered NAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 76 cited Parisienne Basket Shoes Pty Limited v Whyte (1938) 59 CLR 369 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 followed SZGMB v Minister for Immigration [2006] FMCA 175 affirmed

SZGMB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS NSD 197 OF 2006 RARES J 21 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 197 OF 2006

BETWEEN: SZGMB

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: Rares J

DATE OF ORDER: 21 April 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is refused. 2. The applicant pay the first respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.