Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHEW v Minister for Immigration and Citizenship [2007] FCA 243 MIGRATION – application for protection visa – application for leave to appeal from decision of Federal Magistrate – dismissal pursuant to Federal Magistrates Rules 13.03A(c) for non-appearance – whether futile to grant leave – whether lack of bona fides on part of Refugee Review Tribunal – whether evidence ignored. Federal Magistrates Court Rules 2001, r 13.03A(c) Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 SZCPY v Minister for Immigration & Multicultural Affairs [2004] FMCA 646 SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 SZHEW v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2451 OF 2006
GILMOUR J
1 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2451 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHEW
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J DATE OF ORDER: 1 MARCH 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The name of the First Respondent be amended to "Minister for Immigration and Citizenship". 2. The application for leave to appeal be dismissed. 3. The Applicant pay the First Respondent's costs fixed at $1300.00. 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 2451 OF 2006
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHEW
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
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