Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBGD v Minister for Immigration & Multicultural Affairs [2006] FCA 1175
MIGRATION – application for leave to appeal – summary dismissal – where applicant failed to appear before Federal Magistrates Court HELD – application refused MLGXAL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 966 - cited SBGD v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL SAD 128 OF 2006
MANSFIELD J
22 AUGUST 2006
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 128 OF 2006
BETWEEN: SBGD
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 22 AUGUST 2006
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The application is refused. 2. The applicant pay the first respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 128 OF 2006
BETWEEN: SBGD
Applicant
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J
DATE: 22 AUGUST 2006
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 The applicant is a citizen of Pakistan. He arrived in Australia in August 2005 and promptly applied for a protection visa under the Migration Act 1958 (Cth) (the Act). His application was refused by a delegate of the first respondent on 8 September 2005 and subsequently by the Refugee Review Tribunal on 14 November 2005. The applicant applied to the Federal Magistrates Court for an order to quash the decision of the Tribunal for jurisdictional error, that being the only ground upon which such an application could have been made. 2 Unfortunately he did not attend the hearing of that application on 6 April 2006. Because he did not attend, his application was dismissed pursuant to r 13.03A(c) of the Federal Magistrates Court Rules. The applicant then applied to this Court for leave to appeal from the judgment of the Federal Magistrates Court on 4 July 2006. Leave is required because the judgment is interlocutory. See s 24(1A) of the Federal Court of Australia Act 1976 (Cth) and MLGXAL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 966.
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