SZGPB v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2006] FCA 587

FEDERAL COURT OF AUSTRALIA

SZGPB v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2006] FCA 587 MIGRATION - whether judicial discretion to grant relief should be exercised in view of substantial unexplained or inadequately explained delay by the appellant – public interest in the finality of litigation – appeal dismissed

Migration Act 1958 (Cth) ss 407, 422B(1), 424A(3)(6), 425, 425A, 426A, 427(1) Craine v Colonial and Mutual Life Fire Insurance Company Limited (1920) 28 CLR 305 cited Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 distinguished SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 discussed SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 considered SZEYH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 93 followed SZEFM v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 78 distinguished SZGPB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND ANOR NSD 2223 OF 2005 RARES J 20 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2223 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZGPB

APPELLANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

FIRST RESPONDENT

REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: RARES J

DATE OF ORDER: 20 APRIL 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the costs of the respondent fixed in the sum of $5500.

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 2223 OF 2006