Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGFR v Minister for Immigration and Multicultural Affairs [2006] FCA 766 MIGRATION – appeal from decision of Federal Magistrates Court – where Federal Magistrate exercised discretion to refuse relief for unwarrantable delay – whether Federal Magistrate erred in not considering grounds of application
R v Australian Broadcasting Tribunal; ex parte Fowler (1980) 31 ALR 565 considered and explained S58 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 283 applied SZGFR AND SZGFS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 2387 of 2005 SYDNEY 22 JUNE 2006 MOORE J IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2387 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGFR
FIRST APPELLANT
SZGFS
SECOND APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 22 JUNE 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The first appellant pay the first respondent's costs. 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 2387 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGFR
FIRST APPELLANT
SZGFS
SECOND APPELLANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: MOORE J
DATE: 22 JUNE 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal from a decision of a Federal Magistrate of 10 November 2005: SZGFR & Anor v Minister for Immigration & Anor [2005] FMCA 1722. The Federal Magistrate dismissed the appellants' application for judicial review of a decision of the Refugee Review Tribunal ("the Tribunal") made on 19 February 2001 and handed down on 13 March 2001. The Tribunal had affirmed the decision of a delegate of the Minister for Immigration and Multicultural and Indigenous Affairs to refuse to grant protection visas to the appellants.
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