Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SBFF v Minister for Immigration and Citizenship [2007] FCA 178
PROCEDURE – whether summary dismissal as an abuse of process in the Federal Magistrates Court final or interlocutory decision – abuse of process because issues already decided in other proceedings by applicant
PROCEDURE – time to file appeal against interlocutory judgment of the Federal Magistrates Court – Federal Court Rules O 52 r 5(2) Migration Act 1958 (Cth) ss 476-477, 486A Federal Court of Australia Act 1976 (Cth) Migration Litigation Reform Act 2005 (Cth) Federal Court Rules Re Luck (2003) 78 ALJR 177 distinguished Port of Melbourne Authority v Anshun Pty Ltd (1980) 147 CLR 35 applied SBFF v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL SAD 241 OF 2006
MANSFIELD J
22 FEBRUARY 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 241 OF 2006
BETWEEN: SBFF
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 22 FEBRUARY 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The Refugee Review Tribunal be joined as the second respondent. 2. The name of the first respondent be changed to Minister for Immigration and Citizenship. 3. The application be dismissed. 4. The applicant pay to the first respondent his 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 241 OF 2006
BETWEEN: SBFF
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MANSFIELD J
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