SZJUA v Minister for Immigration & Citizenship [2007] FCA 1184

FEDERAL COURT OF AUSTRALIA

SZJUA v Minister for Immigration & Citizenship [2007] FCA 1184 MIGRATION – appeal from decision of Federal Magistrate – application for protection visa under Migration Act 1958 (Cth) – whether any legal error on the part of the Federal Magistrate in dismissing the appellant's application – no power in the Court on an application for judicial review before a Federal Magistrate for an extension of time for bringing such an application – appeal dismissed. SZJUA v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 856 OF 2007

GILMOUR J

8 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 856 OF 2007

BETWEEN: SZJUA

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J DATE OF ORDER: 8 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent to be taxed. 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 856 OF 2007

BETWEEN: SZJUA

Appellant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

JUDGE: GILMOUR J

DATE: 8 AUGUST 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This is an appeal from a judgment of a Federal Magistrate of 24 April 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') dated 31 October 2006 handed down 1 November 2006. The Tribunal had affirmed a decision of a delegate of the then Minister for Immigration and Multicultural Affairs to refuse to grant a protection visa to the appellant under the Migration Act 1958 (Cth) ('the Act').