SZGZW v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 457

FEDERAL COURT OF AUSTRALIA

SZGZW v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 457 MIGRATION – conceded jurisdictional error – seven year delay in application for judicial review – discretion to refuse relief – explanation for delay - evidence Applicant M221 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 45 cited Applicant M70 of 2002 v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCAFC 132 referred to Enfield City Corporation v Development Assessment Commission (2000) 199 CLR 135 referred to Gararth v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCA 316 referred to House v The King (1936) 55 CLR 499 cited R v Commonwealth Court of Concilation and Arbitration; Ex Parte Ozone Theatres (Aust) Limited (1949) 78 CLR 389 referred to R v Ross-Jones; Ex parte Green (1984) 156 CLR 185 referred to Re Commonwealth of Australia; Ex Parte Marks (2000) 177 ALR 491 referred to Re Refugee Review Tribunal; Ex Parte Aala (2000) 204 CLR 82 cited S58 of 2003 v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCAFC 283 referred to S58 of 2003 v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCA 451 cited Xie v Minister for Immigration and Multicultural Affairs (1999) 95 FCR 543 cited SZGZW v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 2487 OF 2005 28 APRIL 2006 JACOBSON J SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2487 of 2005

On appeal from the Federal Magistrates Court of Australia

BETWEEN: SZGZW

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 28 APRIL 2006