Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZGDS v Minister for Immigration and Multicultural Affairs [2006] FCA 1109
MIGRATION – leave to appeal – whether leave to appeal should be granted – delay – prejudice – merits of prospective appeal Held: Leave to appeal granted. Federal Court Rules O 52 r 15
Kweifio-Okai v Royal Melbourne Institute of Technology [1999] FCA 894 referred to WAAD v Minister for Immigration & Multicultural Affairs [2002] FCAFC 399 referred to SZGDS AND SZGDT v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1117 OF 2006
COWDROY J
22 AUGUST 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1117 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGDS
First Applicant
SZGDT
Second Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE OF ORDER: 22 AUGUST 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. An extension of time be granted in which to file an appeal from the judgment of Nicholls FM delivered on 15 May 2006. 2. Leave be granted to rely upon the amended notice of appeal. 3. Costs of this application be costs in the appeal.
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 1117 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZGDS
First Applicant
SZGDT
Second Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: COWDROY J
DATE: 22 AUGUST 2006
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