Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKRO v Minister for Immigration and Citizenship [2007] FCA 1796
PRACTICE AND PROCEDURE – application for extension of time within which to file an application for leave to appeal – where non-attendance by applicant at the hearing of the application – whether the Federal Court Rules or the Federal Court Act provide the Court with power to dismiss such applications for non-attendance – where O 52 r 38A only relates to appeals – where s 25(2)(b) only relates to appeals – whether Court has an implied jurisdiction to dismiss such applications for non-attendance – application dismissed pursuant to O 35A r 3. Federal Court of Australia Act 1976 (Cth) s 25(2)(b) Federal Court Rules 1979 (Cth) O 52 r 38A, O 35A r 2 SZKRO v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1750 OF 2007
LANDER J
16 NOVEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1750 OF 2007
BETWEEN: SZKRO
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: LANDER J
DATE OF ORDER: 16 NOVEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicant's application for extension of time within which to file an application for leave to appeal be dismissed. 2. The applicant pay the respondent's costs fixed in the sum of $1,500. 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 1750 OF 2007
BETWEEN: SZKRO
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: LANDER J
DATE: 16 NOVEMBER 2007
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