SZJIV v Minister for Immigration and Citizenship [2007] FCA 779

FEDERAL COURT OF AUSTRALIA

SZJIV v Minister for Immigration and Citizenship [2007] FCA 779 SZJIV v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 86 OF 2007

CONTI J

22 MAY 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 86 OF 2007

BETWEEN: SZJIV

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J DATE OF ORDER: 17 MAY 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 an extension of time within which to file and serve a notice of appeal be dismissed. 3. The applicant pay the first respondent's costs of the proceedings. 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 86 OF 2007

BETWEEN: SZJIV

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: CONTI J

DATE: 22 MAY 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an application for an extension of time within which to file and serve a notice of appeal from a judgment ofFederal MagistrateEmmett given on6 December 2006. The application to the Federal Magistrates Court sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') made on 24 July 2006 and handed down on 3 August 2006, which affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs (as the Minister was then designated). 2 The applicant is a citizen of India who arrived in Australia on 30 December 2005. On 10 February 2006 the applicant lodged an application for a protection visa with the Department of Immigration and Multicultural Affairs and a delegate of the Minister refused that application on 30 March 2006.