Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZEMJ v Minister for Immigration & Citizenship [2007] FCA 1848
MIGRATION - judicial review – protection visa – application for judicial review of Tribunal decision – first application dismissed in Federal Court on remitter from High Court – second application for judicial review commenced in Federal Magistrates Court – application dismissed on non-appearance at summary disposition hearing – application to reinstate proceedings – delays – seven month delay from dismissal of remitted proceedings to institution of proceedings in Federal Magistrates Court – two year delay from dismissal of proceedings in Federal Magistrates Court to reinstatement application – application for leave to appeal from dismissal of reinstatement application – no merit in application for leave – no prospect of success on appeal – application for leave dismissed Migration Act 1958 (Cth) Judiciary Act 1903 (Cth) s 39A SZEMJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 1362 OF 2007
FRENCH J
30 OCTOBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1362 OF 2007
BETWEEN: SZEMJ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: FRENCH J
DATE OF ORDER: 30 OCTOBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicant to pay the firstrespondent's costs of the application fixed at $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 1362 OF 2007
BETWEEN: SZEMJ
Applicant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
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