Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHVH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1079
MIGRATION – application for leave to appeal from an order pursuant to r 44.12 of the Federal Magistrates Court Rules – consideration of the interlocutory nature of the order – consideration of the show cause procedure and its relationship with s 24 of the Federal Court of Australia Act 1976 (Cth).
Migration Act 1958 (Cth), ss 476, 425, 425A, 441A(4)(c)(i), 426A Federal Court of Australia Act 1976 (Cth), s 24(1)(d), s 24(1A) Federal Magistrates Court Rules, r 4401, r 4412, r 4414, Part 44 High Court Rules2004 Federal Court Rules, Order 52, r 10(2A)(b) SZHVH V MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS NSD1126 OF 2006 GREENWOOD J 17 AUGUST 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1126 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHVH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GREENWOOD J
DATE OF ORDER: 17 AUGUST 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to appeal filed by applicant SZHVH is dismissed. 2. The applicant shall pay the costs of the respondent. 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 NSD1126 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHVH
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GREENWOOD J
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