Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGCH v Minister for Immigration and Multicultural Affairs [2006] FCA 809
MIGRATION – application for leave to appeal against interlocutory judgment of Federal Magistrate – Magistrate made orders dismissing application for review of decision of Refugee Review Tribunal affirming decision of Minister's delegate to refuse applicant protection visa – first, on ground that applicant failed to comply with order of court – Federal Magistrates Court Rules, r 13.03(2)(b) – secondly, on ground that proceeding or claim for relief disclosed no cause of action, was frivolous or vexatious, or abuse of process – Federal Magistrates Court Rules, r 13.10 – held, no arguable case of jurisdictional error – decision of Magistrate not attended with sufficient doubt to warrant reconsideration – application for leave to appeal refused.
Federal Court of Australia Act 1976 (Cth) ss 24(1), 24(1A), 25(2) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 425, 425A, 426A Federal Magistrates Court Rules 2001 rr 13.03, 13.09, 13.10
Hall v Nominal Defendant (1966) 117 CLR 423 referred to Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 referred to SZGCH v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS and REFUGEE REVIEW TRIBUNAL NSD 2625 OF 2005 BESANKO J 30 JUNE 2006 ADELAIDE (HEARD IN SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY NSD 2625 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGCH
APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENT
JUDGE: BESANKO J
DATE OF ORDER: 30 JUNE 2006
WHERE MADE: ADELAIDE (HEARD IN SYDNEY)
THE COURT ORDERS THAT:
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