SZEGN v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 653

FEDERAL COURT OF AUSTRALIA

SZEGN v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 653 MIGRATION – application for an extension of time to file and serve a Notice of Appeal – Fijian citizen argued she had a well-founded fear of persecution – subjected to domestic violence and claimed to be member of social group "women at risk in Fiji" – Refugee Review Tribunal had regard to material referred to in Departmental file – s 424A of Migration Act 1958 (Cth) – whether letter from applicant's solicitors sufficient to constitute an incorporation, adoption or re-presentation of Protection Visa Application material Held: s 424A not breached as Refugee Review Tribunal decision indicated that the applicant's file had been used in the applicant's favour on the issue of credibility; letter from solicitors deemed insufficient to constitute an incorporation, adoption or re-presentation of Protection Visa Application material in submissions to Refugee Review Tribunal Migration Act 1958 (Cth) s 424A Federal Court Rules O52 r 15 Minister for Immigration and Multicultural Affairs v Khawar (2002) 187 ALR 574 followed Minister for Immigration and Multicultural Affairs v Al Shamry (2001) 110 FCR 27 distinguished NAZY v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 744 cited SZEGY v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2 cited SZEGN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD 627 OF 2006 TAMBERLIN J SYDNEY 30 MAY 2006

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 627 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SZEGN

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS