Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZISB v Minister for Immigration and Multicultural Affairs [2006] FCA 1496
SZISB v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS AND REFUGEE REVIEW TRIBUNAL NSD 1585 OF 2006
MANSFIELD J
3 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1585 OF 2006
BETWEEN: SZISB
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 3 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for an extension of time in which leave to appeal may be sought is refused. 2. The applicant pay to the first respondent her 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
NEW SOUTH WALES DISTRICT REGISTRY NSD 1585 OF 2006
BETWEEN: SZISB
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J
DATE: 3 NOVEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The applicant is a Chinese national. He came to Australia on 25 September 2005. Soon afterwards he applied for a protection visa under the Migration Act 1958 (Cth). That application was refused by a delegate of the first respondent. On 19 December 2005 a review of that decision by the Refugee Review Tribunal (the Tribunal) was sought and on 14 March 2006 the Tribunal affirmed that decision. 2 The applicant then applied to the Federal Magistrates Court for an order to quash the Tribunal's decision. The Federal Magistrate conducted a directions hearing on 23 May 2006. His Honour explained that there would be a hearing to decide whether the claim had merit under r 44 of the Federal Magistrates Court Rules. He gave the applicant an opportunity to amend his application and to adduce further evidence in support of it. That application came on for hearing on 25 July 2006.
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