SZIPN v Minister for Immigration & Citizenship [2007] FCA 293

FEDERAL COURT OF AUSTRALIA

SZIPN v Minister for Immigration & Citizenship [2007] FCA 293 MIGRATION – consideration of an application for leave to appeal from a decision of a Federal Magistrate refusing an application to reinstate an application for judicial review Decision Application dismissed with costs. Migration Act 1958 (Cth) Federal Court of Australia Act 1976 (Cth) Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 - cited Ogawa v University of Melbourne (No. 2) (2004) FCA 1275 - cited Hall v Nominal Defendant (1966) 117 CLR 423 - cited SZIPN v MINISTER FOR IMMIGRATION & CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD2467 of 2006

GREENWOOD J

2 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD2467 of 2006

BETWEEN: SZIPN

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

AND REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 2 march 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The title of the first respondent be amended to 'Minister for Immigration and Citizenship'. 2. The application for leave to appeal from the decision of Federal Magistrate Scarlett of 27 November 2006 is dismissed with costs. 3. The notice of appeal filed by the appellants on 18 December 2006 is struck out. 4. The quantum of the costs payable by the applicant/appellants to the first respondent pursuant to Order 2 is fixed in the sum of $650.00.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NSD2467 of 2006

BETWEEN: SZIPN

Appellant

AND: MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

AND REFUGEE REVIEW TRIBUNAL

Second Respondent