Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZIOE v Minister for Immigration & Citizenship [2007] FCA 1176 MIGRATION- application for extension of time within which to file and serve a notice of appeal – application for protection visa under Migration Act 1958 (Cth) – whether proposed appeal has sufficient prospect of success – application dismissed – no point of principle. Migration Act 1958 (Cth) Gallo v Dawson (1990) 93 ALR 479 referred to Hughes v National Trustees Executors & Agency Co of Australasia Ltd [1978] VR 257 referred to Joss v Scott (1986) 12 FCR 187 referred to Plaintiff S157/2002 v Commonwealth of Australia(2003) 211 CLR 476 referred to WAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 399 applied SZIOE v MINISTER FOR IMMIGRATION & CITIZENSHIP and REFUGEE REVIEW TRIBUNAL NSD 899 OF 2007
GILMOUR J
7 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 899 OF 2007
BETWEEN: SZIOE
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J DATE OF ORDER: 7 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the first respondent's costs of the application fixed at $1,800. 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 899 OF 2007
BETWEEN: SZIOE
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: GILMOUR J
DATE: 7 AUGUST 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an application for an extension of time to file and serve a notice of appeal from a judgment of aFederal Magistrateof 18 April 2007. The application before the Federal Magistrate sought judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') of 2 February 2006 and handed down on 23 February 2006 in which it affirmed the decision of the delegate of the Minister refusing to grant a protection visa to the applicant under the Migration Act 1958 (Cth) ('the Act').
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